Legal Opinion

Tyler v. State

District Court of Appeal of Florida

Decided December 3, 1997No. 97-3610Published

1Per curiam

Appellant has filed a motion to correct illegal sentence, seeking jail time credit pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. The motion fails to allege or demonstrate that his sentence without such credit exceeds the statutory maximum for his sentence. As such, it was properly denied on this ground. Mitchell v. State, 696 So.2d 957 (Fla. 4th DCA 1997). We recertify the same question certified there. See also Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996).

Also, appellant’s motion is not duly verified as per rules 3.850 and 3.987, Florida Rules of Criminal Procedure.…

2Cases cited4 opinions

  1. Sullivan v. StateDistrict Court of Appeal of Florida · 1996
  2. Fernandez v. StateDistrict Court of Appeal of Florida · 1993
  3. Valencia v. StateDistrict Court of Appeal of Florida · 1994
  4. Mitchell v. StateDistrict Court of Appeal of Florida · 1997

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