Toomer v. State

Dennis A. TOOMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 8, 2005.

District Court of Appeal of Florida · decided 2005-03-08

Cited by 17 later decisions — most recently June 2019

15 state decisions

Key passage — most relied on by later courts

“Where one is challenging the legality of his sentence or seeking jail credit against that sentence, and he completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot.”

quoted by 1 later decision, including 239 So. 3d 1294 - Jones v. State

Relies on 853 So. 2d 595 - Hagan v. State · Benton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-03-08

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

¶2Charlie Crist, Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4We dismiss this appeal as moot. Where one is challenging the legality of his sentence *1257 or seeking jail credit against that sentence, and he completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot. Cf. Hagan v. State, 853 So.2d 595, 597 (Fla. 5 th DCA 2003); Edwards v. State, 765 So.2d 222 (Fla. 2d DCA 2000). Because the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot.

¶5DISMISSED.

¶6VAN NORTWICK, POLSTON and THOMAS, JJ., concur.