Legal Opinion

Fleming v. State

District Court of Appeal of Florida

Decided December 31, 2009No. 5D09-2168Published

1Per curiam

Appellant challenges the denial of her rule 3.800 motion directed to her seven-year prison sentence after she violated her probation on a sale of cocaine charge. We affirm the lower court’s order in all respects except as to Appellant’s claim for jail credit. Appellant contends that she is entitled to jail credit for the time she spent in jail after sentencing waiting for a bed in a court-ordered drug treatment facility, which she ultimately completed. The trial court denied this request believing that this jail time should not be credited because it was served post sentencing, while…

2Cases cited2 opinions

  1. Fulton v. StateDistrict Court of Appeal of Florida · 1995
  2. Scott v. StateDistrict Court of Appeal of Florida · 2001

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