Opinion
No. 2D02-164.
May 31, 2002.
Appeal from the Circuit Court, Covington.
Paul Wiggins challenges the order of the trial court summarily denying his motion for postconviction relief. Wiggins filed his motion pursuant to Florida Rule of Criminal Procedure 3.850; however, because the motion raised issues relating to the legality of Wiggins' sentences and also sought an award of prison and jail credit, the trial court treated the motion as filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment the denial of all but one of the grounds in Wiggins' prison credit claim and remand for an award of prison credit.
In October 1990, Wiggins was sentenced on each of two counts of five and one-half years in prison followed by two-years' probation. Those sentences were to be served concurrently. According to Wiggins' motion and the trial court's order, after his release from prison in 1991, he was arrested and sentenced to prison on a new offense, thereby violating his probation. The attachments to the trial court's order show that in March 2000 Wiggins was sentenced to ten years' imprisonment concurrent on each count on the violation of probation.