Legal Opinion

McCrary v. State

District Court of Appeal of Florida

Decided May 4, 2005No. 3D05-629Published

1Opinion of the Court

CONFESSION OF ERROR

2Per curiam

Leonard McCrary appeals the summary denial of his Rule 3.800(a) motion for credit for time served. Based on the state’s proper confession of error, we reverse and remand to the trial court with instructions to correct the defendant’s sentence to reflect the credit for jail time served when he was in the Department of Corrections’ custody from April 3, 2000 to April 15, 2002. Apparently, the trial court did not check the box instructing the Department of Corrections to compute and apply credit for the time previously served in state prison. See § 921.0017, Fla. Stat. (2004).…

3Cases cited1 opinion

  1. Johnson v. StateDistrict Court of Appeal of Florida · 2004

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