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Ruiz v. State

District Court of Appeal of Florida, Third District
Apr 26, 2006
927 So. 2d 162 (Fla. Dist. Ct. App. 2006)

Summary

In Ruiz v. State, 927 So.2d 162 (Fla. 3d DCA 2006), the defendant appealed from an order denying his motion for clarification. The motion requested an amendment of his sentencing orders to reflect credit for prison time served before the revocation of his probation.

Summary of this case from Hogan v. State

Opinion

No. 3D05-1119.

April 26, 2006.

Appeal from the Circuit Court, Miami-Dade County, Victoria S. Sigler, J.

Hector J. Ruiz, in proper person.

Charles J. Crist, Jr., Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellee.

Before FLETCHER, RAMIREZ, and CORTIÑAS, JJ.


The defendant, Hector J. Ruiz, appeals from the trial court's order denying his motion for clarification. The defendant filed his motion for clarification requesting that the trial court amend the sentencing orders in his cases to reflect that he should be awarded credit for prison time served prior to his revocation of probation. The trial court denied the motion for clarification, stating that it was "not aware of a Motion for Clarification in the Rules of Criminal Procedure."

However, as the State concedes, the defendant's motion for clarification is, in essence, a motion to correct an illegal sentence and award credit for time served pursuant to Florida Rule of Criminal Procedure 3.800(a). Although the plea and sentencing hearing transcripts demonstrate that the trial court properly awarded credit for time served, the trial court, in its sentencing orders, did not check the box indicating that the defendant is to be awarded credit for time he previously served in prison in the custody of the Department of Corrections. The State concedes that the defendant should be awarded credit for time served.

Accordingly, we remand this matter with instructions that the trial court check the box awarding prison time credit pursuant to section 921.161, Florida Statutes (2005). In so doing, the trial court should not specify the number of days of prison time credit to be awarded.

Reversed and remanded with instructions.


Summaries of

Ruiz v. State

District Court of Appeal of Florida, Third District
Apr 26, 2006
927 So. 2d 162 (Fla. Dist. Ct. App. 2006)

In Ruiz v. State, 927 So.2d 162 (Fla. 3d DCA 2006), the defendant appealed from an order denying his motion for clarification. The motion requested an amendment of his sentencing orders to reflect credit for prison time served before the revocation of his probation.

Summary of this case from Hogan v. State
Case details for

Ruiz v. State

Case Details

Full title:Hector J. RUIZ, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 26, 2006

Citations

927 So. 2d 162 (Fla. Dist. Ct. App. 2006)

Citing Cases

Lesende v. State

Lesende's motion is essentially a motion to correct sentence under 3.800(a). See Ruiz v. State, 927 So. 2d…

Hogan v. State

Thus, even if the State had not filed the motions years late, nothing in rule 3.800 authorized a motion for…