Martinez v. State

WHATLEY, Judge.

Juan Martinez appeals from an order denying his motion to accredit jail time, which the postconviction court treated as a motion pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the order because the postconviction court lacked jurisdiction to enter it.

The judgment and sentence underlying Martinez’s motion was rendered on August 6, 2007. In an order dated September 26, 2008, this court granted Martinez a belated appeal of the judgment and sentence, with the order so dated serving as the notice of appeal. That appeal, number 2D08-4951, is currently pending in…