Legal Opinion

McKernan v. State

District Court of Appeal of Florida

Decided May 28, 2014No. 4D14-370Published

1Per curiam

We affirm the trial court’s denial of appellant’s rule 3.800(a) motion to correct illegal sentence, which contends his probationary sentences imposed in three separate cases expired while appellant served a prison sentence imposed in another case after the probationary sentences commenced. The motion does not establish an “illegal” sentence that can be corrected at any time. Carter v. State, 786 So.2d 1173, 1178 (Fla.2001). Moreover, a probationary sentence once commenced automatically is tolled when a criminal defendant begins serving a prison sentence from another case. Bowman v. State, 86…

2Cases cited6 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Carter v. StateSupreme Court of Florida · 2001
  3. Kittles v. StateDistrict Court of Appeal of Florida · 2012
  4. King v. StateDistrict Court of Appeal of Florida · 2013
  5. Bowman v. StateDistrict Court of Appeal of Florida · 2012

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