Small v. State

More than four years after his sentence became final on direct appeal, appellant Paul Small filed a Motion to Correct Illegal Sentence under Florida Rule of Criminal Procedure 3.800(a). The trial court granted the motion awarding appellant credit from the date the Palm Beach Sheriffs Office’s records showed he was taken into custody. Appellant moved for rehearing, arguing that he was entitled to five more days of jail credit from the date he was first arrested in Miami-Dade County on the warrant for this case. The trial court denied rehearing.

Appellant’s motion alleged that jail records would…