King v. State

891 So.2d 1067 (2004)

Edward KING, Appellant,

v.

STATE of Florida, Appellee.

No. 2D04-3380.

District Court of Appeal of Florida, Second District.

November 19, 2004.

Edward King appeals the granting of the State's motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), which sought to vacate the portion of his sentence which "allowed a total of 334 days as credit for time incarcerated prior to imposition of this sentence."

However, rule 3.800(a) prohibits the filing of such a motion during the pendency of a direct appeal. See Day v. State, 770 So.2d 1262 (Fla. 1st DCA 2000) (holding…