From Casetext: Smarter Legal Research

Allen v. State

District Court of Appeal of Florida, Fourth District
Sep 3, 2008
989 So. 2d 731 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-1562.

September 3, 2008.

Appeal from the Circuit Court, Broward County, Eileen M. O'Connor, J.

Leon E. Allen, Florida City, pro se.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


Leon E. Allen appeals the trial court order dismissing his motion to correct sentence seeking additional jail time credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court relied on a response by the State of Florida arguing that the motion raised a claim previously rejected in an earlier motion for jail time credit, the denial of which was not appealed. While it is true that appellant did raise this claim previously, we find that a manifest injustice will occur if appellant's successive motion is not entertained on its merits. State v. McBride, 848 So.2d 287 (Fla. 2003).

Appellant argued in his motion that he was entitled to additional jail time credit for time spent in Broward County Jail and mostly in Dade County Jail before his sentencing on February 12, 2007. He is entitled to credit for the time served in Dade County Jail on Dade County charges, as Broward County had issued and served a warrant for him for that time. He claimed entitlement to eighty days in his motion filed in the trial court. In the response to this Court's order to show cause why relief should not be granted, the State of Florida advises that it does not dispute his entitlement to eighty-two days of credit, acknowledging his entitlement to jail credit under Gethers v. State, 838 So.2d 504 (Fla. 2003); see also Perez v. State, 967 So.2d 440 (Fla. 4th DCA 2007).

Accordingly, we reverse the trial court's order of dismissal and remand for further proceedings on the merits of his motion for jail credit, applying Gethers. Reversed and Remanded.

GROSS, MAY and DAMOORGIAN, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Fourth District
Sep 3, 2008
989 So. 2d 731 (Fla. Dist. Ct. App. 2008)
Case details for

Allen v. State

Case Details

Full title:Leon E. ALLEN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 3, 2008

Citations

989 So. 2d 731 (Fla. Dist. Ct. App. 2008)

Citing Cases

Martinez v. State

A review of recent cases involving rule 3.800(a) relief reflects that prevalent theme: Manifest injustice…

Bronk v. State

The fact that this court affirmed a denial of his claim in a previous postconviction motion does not preclude…