Legal Opinion

King v. State

District Court of Appeal of Florida

Decided March 5, 2008No. 4D07-1035PublishedCited by 1 opinion

1Opinion of the Court

On Motion for Rehearing

2Per curiam

The motion for rehearing is granted. We withdraw our previously issued decision and substitute the following in its place.

The defendant appeals the trial court’s denial of his motion to correct an illegal sentence entered upon his violation of probation. He alleged that the court failed to credit his sentence to reflect prison time he served prior to being released on probation. The trial court denied the motion as successive to the claim raised in his prior motion. Because a manifest injustice may have occurred, we reverse and remand the case for further proceedings.

The…

3Cases cited6 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Silverstein v. StateDistrict Court of Appeal of Florida · 1995
  3. Autrey v. StateDistrict Court of Appeal of Florida · 1999
  4. Isom v. StateDistrict Court of Appeal of Florida · 2005
  5. Burriesci v. StateDistrict Court of Appeal of Florida · 2007

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4Cited by1 opinion

  1. Martinez v. StateDistrict Court of Appeal of Florida · 2017

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