Lamar v. State

GLICKSTEIN, Judge.

Appellant alleges that he was not given credit for time served on an invalidated armed robbery charge, and that an invalid sentence was used to enhance another charge. These allegations are properly raised on a Rule 3.850 motion, Meintzer v. State, 399 So.2d 133, 135 (Fla. 5th DCA 1981).

In Vellucci v. Cochran, 138 So.2d 510 (Fla.1962), an appellant’s conviction was invalidated, and his case sent back for retrial. Florida’s highest court observed that if on retrial appellant was either acquitted or received fewer days than those already served, the time served on this first…