Dennewitz v. State

WHATLEY, Judge.

John Dennewitz, Sr. appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) contesting the jail credit awarded toward his March 25, 2004, sentence. We reverse and remand for the postconviction court to strike the motion as unauthorized since the direct appeal of his March 25, 2004, judgment and sentence was pending at the time his motion was filed. See Golden v. State, 870 So.2d 167, 168 (Fla. 2d DCA 2004) (“[R]ule 3.800(a) prohibits the filing of such a motion during the pendency of a direct appeal.”).

Moreover,…