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Hunter v. State

District Court of Appeal of Florida, Second District
Apr 9, 2003
842 So. 2d 243 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 2D02-4341.

Opinion filed April 9, 2003.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hendry County; G. Keith Cary, Judge.


Michael Hunter challenges the trial court's order dismissing his motion for clarification of sentence. We affirm the trial court's order without comment and note only that pursuant to Gethers v. State, 28 Fla. L. Weekly S44 (Fla. Jan. 16, 2003), Hunter is not entitled to credit against his Hendry County sentence from the date the detainer from Hendry County was lodged against him while he was in jail in Palm Beach County awaiting disposition of his charges there. The court in Gethers held that "[o]nly if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer." Id. at S45.

Affirmed.

WHATLEY and NORTHCUTT, JJ., Concur.


Summaries of

Hunter v. State

District Court of Appeal of Florida, Second District
Apr 9, 2003
842 So. 2d 243 (Fla. Dist. Ct. App. 2003)
Case details for

Hunter v. State

Case Details

Full title:MICHAEL HUNTER, Appellant, STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Apr 9, 2003

Citations

842 So. 2d 243 (Fla. Dist. Ct. App. 2003)

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