Toussaint v. State

Full title: James Toussaint, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Sep 4, 2024

No. 3D24-0059 (Fla. Dist. Ct. App. Sep. 4, 2024)

Opinion

3D24-0059

09-04-2024

James Toussaint, Appellant, v. The State of Florida, Appellee.

James Toussaint, in proper person. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Lower Tribunal Nos. F18-13105A, F21-009880, Laura Shearon Cruz, Judge.

James Toussaint, in proper person.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before EMAS, SCALES and BOKOR, JJ.

PER CURIAM.

Affirmed. See Eady v. State, 273 So.3d 97, 97 (Fla. 3d DCA 2019) ("Concurrent sentences do not necessarily begin at the same time, and unless they are ordered to be coterminous, they will expire on different dates.") (quoting Llerena v. State, 953 So.2d 31, 33 (Fla. 3d DCA 2007)); Bryant v. State, 240 So.3d 55, 57 (Fla. 3d DCA 2018) (explaining that "[a] claim for jail credit must be raised under Florida Rule of Criminal Procedure 3.801" and, in citing to the rule, noting that such a claim is untimely if filed more than one year after the sentence becomes final).