Legal Opinion

Kennedy v. State

District Court of Appeal of Florida

Decided December 31, 2009No. 5D09-2757Published

1Per curiam

Appellant Kevin H. Kennedy appeals the trial court’s summary denial of his Rule 3.800(a) motion in which he alleges that one of four sentences he received is illegal because it exceeds the statutory maximum. He also alleges that he did not receive the correct amount of jail credit. It appears from the record that the sentence about which Kennedy complains is the result of a scrivener’s error, which should be corrected. As to Kennedy’s jail credit claim, it appears that Kennedy may not have received the appropriate amount of jail credit, and the trial court’s denial of this claim was erroneous.

2Cases cited1 opinion

  1. McQueen v. StateDistrict Court of Appeal of Florida · 2003

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