Legal Opinion

Duncan v. State

District Court of Appeal of Florida

Decided December 27, 1996No. 96-02717PublishedCited by 3 opinions

1Opinion of the Court

686 So.2d 701 (1996)

Wallace DUNCAN, Appellant,

v.

STATE of Florida, Appellee.

No. 96-02717.

District Court of Appeal of Florida, Second District.

December 27, 1996.

2Per curiam

Wallace Duncan challenges the trial court's denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Duncan claims deprivation of credit for time served to which he is entitled pursuant to Tripp v. State, 622 So.2d 941 (Fla.1993). Because Tripp is not applicable to the habitual offender sentence that Duncan is serving, we affirm. We proceed en banc because this decision conflicts with…

3Cases cited3 opinions

  1. Tripp v. StateSupreme Court of Florida · 1993
  2. Jones v. StateDistrict Court of Appeal of Florida · 1996
  3. Kilpatrick v. StateDistrict Court of Appeal of Florida · 1993

4Cited by3 opinions

  1. State v. MatthewsSupreme Court of Florida · 2004
  2. Swyck v. StateDistrict Court of Appeal of Florida · 1997
  3. Matthews v. StateDistrict Court of Appeal of Florida · 2003

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