Summary
dismissing appeal of order denying motion seeking jail credit, holding that “[b]ecause the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot”
Summary of this case from Wheeler v. StateOpinion
No. 1D04-1935.
March 8, 2005.
An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge.
Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General, Tallahassee, for Appellee.
We dismiss this appeal as moot. 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. Cf. Hagan v. State, 853 So.2d 595, 597 (Fla. 5th 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.
DISMISSED.
VAN NORTWICK, POLSTON and THOMAS, JJ., concur.