Summary
affirming trial court's order granting rule 3.800 motion in part, giving appellant jail time credit against only sentence which consigned him to imprisonment for the statutory maximum allowed for the offense
Summary of this case from Moreland v. StateOpinion
Case No. 97-1658
Opinion filed July 16, 1997
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 87-2233CFB02.
Rufus Mitchell, Belle Glade, pro se.
No appearance required for appellee.
The trial court granted in part and denied in part appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800, giving appellant a jail time credit against only the sentence which consigned appellant to imprisonment for the statutory maximum time allowed for the felony forming the basis for the sentence. We affirm based on Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996), and again certify the following question to the Florida Supreme Court:
DOES STATE V. DAVIS, 661 So.2d 1193 (FLA. 1995), APPLY TO MOTIONS FILED UNDER RULE 3.800 REQUESTING JAIL CREDIT SO THAT SUCH MOTIONS MAY NOT BE RAISED WHERE THE SENTENCE WOULD NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?
GUNTHER, WARNER and FARMER, JJ., concur.