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Martin v. State

District Court of Appeal of Florida, Fourth District.
Apr 11, 2012
87 So. 3d 44 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D10–4092.

2012-04-11

Todd D. MARTIN, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Levenson, Judge; L.T. Case No. 07–8534 CF10A. Todd D. Martin, Moore Haven, pro se. No appearance required for appellee.


Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Levenson, Judge; L.T. Case No. 07–8534 CF10A.
Todd D. Martin, Moore Haven, pro se. No appearance required for appellee.
PER CURIAM.

We affirm the denial of appellant's rule 3.800(a) motion which sought additional jail credit. Appellant abandoned several claims which we do not discuss. Hammond v. State, 34 So.3d 58 (Fla. 4th DCA 2010).

Appellant seeks credit in this case for time he spent in prison following his convictions and sentences for various offenses in another county. Appellant committed the offenses in the other county while on probation in this case. Appellant seeks credit from the date a violation of probation warrant had issued in this case. The circuit court determined that appellant was entitled to credit only from the date the warrant was served. The circuit court correctly stated the law. Alphonso v. State, 20 So.3d 959 (Fla. 4th DCA 2009).

We also affirm for an additional reason. Because the sentence following revocation of probation in this case was made consecutive to the sentence appellant was serving in the other case, he was not entitled to have his jail credit for these separate cases pyramided. Ransone v. State, 20 So.3d 445 (Fla. 4th DCA), approved, 48 So.3d 692 (Fla.2010) (applying Daniels v. State, 491 So.2d 543, 545 (Fla.1986)).

Affirmed.

MAY, C.J., POLEN and CONNER, JJ., concur.


Summaries of

Martin v. State

District Court of Appeal of Florida, Fourth District.
Apr 11, 2012
87 So. 3d 44 (Fla. Dist. Ct. App. 2012)
Case details for

Martin v. State

Case Details

Full title:Todd D. MARTIN, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Apr 11, 2012

Citations

87 So. 3d 44 (Fla. Dist. Ct. App. 2012)