Calderon v. State

CASANUEVA, Judge.

Martin Calderon filed a motion under Florida Rule of Criminal Procedure 3.800(a) seeking jail credit and prison credit for forfeited gain time. The postconvietion court dismissed the motion, finding that Mr. Calderon should have raised his claims under rule 3.801 but concluding that such a motion would have been untimely. We reverse and remand for further proceedings.

The postconviction court’s order presents two problems. First, Mr. Calderon’s claim that he was entitled to credit “for gain time that he earned during his seventy-eight month term of imprisonment” is clearly not…