Perez v. State

MORRIS, Judge.

Victor Perez filed a motion for jail credit on December 27, 2013, which the postcon-viction court denied as untimely. But because Mr. Perez was sentenced prior to July 1, 2013, his motion was timely. See Fla. R. Crim. P. 3.801(b) (“For sentences imposed prior to July 1, 2013, a motion under this rule may be filed on or before July 1, 2014.”); see also Marchetti v. State, 143 So.3d 1077, 1078 (Fla. 2d DCA 2014). Accordingly, we reverse and remand for the postconviction court to reconsider Mr. Perez’s motion on its merits.

Reversed and remanded with directions.

KELLY and KHOUZAM,…