Nix v. State

The appellant challenges the trial court’s summary denial of his motion to correct his illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he alleged that he is entitled to credit for time served in prison prior to his violation of probation. Because the appellant has stated a facially sufficient claim for relief that his sentence is illegal, we reverse.

On October 27, 1993, the appellant was sentenced to three years’ imprisonment to be followed by two years’ probation. On July 19, 2005, after a violation of probation, the appellant was sentenced to eighteen…