Gibbs v. State

The appellant challenges an order of the trial court by which his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) was denied. Although the motion states a facially sufficient basis for his entitlement to unforfeited gain time under State v. Green, 547 So.2d 925 (Fla.1989), the appellant has not asserted, and it does not. otherwise appear from the record before us, that his sentence exceeds the statutory maximum for his offense. See Davis v. State, 661 So.2d 1193 (Fla.1995); King v. State, 681 So.2d 1136 (Fla.1996). Accordingly, the appellant’s claim…