Legal Opinion

Clark v. State

District Court of Appeal of Florida

Decided March 17, 2006No. 2D05-5773Published

1Opinion of the Court

LaROSE, Judge.

Michael S. Clark appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the postconviction court’s order without prejudice to any right Mr. Clark may have to refile a facially sufficient motion for prison credit under rule 3.800(a).

In his motion, Mr. Clark claimed that he was entitled to prior prison credit pursuant to Tripp v. State, 622 So.2d 941 (Fla.1993). Mr. Clark alleged that on August 29, 2005, after violating the probation imposed in September 1999 in circuit court cases 1999-CF-1497,…

2Cases cited2 opinions

  1. Tripp v. StateSupreme Court of Florida · 1993
  2. Stathas v. StateDistrict Court of Appeal of Florida · 2003

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