Moorer v. State, 556 So. 2d 778

PER CURIAM.

Appellant filed a motion under Rule 3.800(a) or 3.850, Florida Rules of Criminal Procedure, seeking credit for 303 days spent in jail. The trial court denied the order on the stated ground that this issue should have been raised during appellant‘s direct appeal.

A sentence which does not allow for proper credit is an illegal sentence. Baranko v. State, 516 So.2d 332 (Fla. 1st DCA 1987). Under Rule 3.800, an illegal sentence may be corrected at any time. Because appellant was not precluded from raising this issue by way of a motion under 3.800(a), the trial court erred in denying the motion without consideration on the merits.

REVERSED and REMANDED.

SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.

Case Details

Case Name: Moorer v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 8, 1990

Citations: 556 So. 2d 778; 1990 WL 10884; 89-1952

Docket Number: 89-1952

Court Abbreviation: Fla. Dist. Ct. App.