Weaver v. State

The appellant challenges the denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. Because the trial court denied the appellant’s claim for jail credit on an improper basis, we reverse the trial court’s denial of this claim and remand this case to the trial court for further consideration of the claim.

The appellant alleges that he is entitled to 659 days’ jail credit for total time served in the underlying offense and the two violations of probation, rather than the 94 days’ jail credit awarded at sentencing. The trial court summarily denied the…