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Burch v. State

District Court of Appeal of Florida, First District
Jun 29, 2000
763 So. 2d 1260 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D00-648

Opinion filed June 29, 2000

An appeal from the Circuit Court for Hamilton County. John W. Peach, Judge.

Appellant pro se.

Robert A. Butterworth, Attorney General; James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


Appellant seeks review of an order denying his request, made pursuant to Florida Rule of Criminal Procedure 3.800(a), for an additional 30 days of jail-time credit. In his motion, appellant represents that, although he was in the Hamilton County Jail from October 14, 1999, to November 22, 1999, he received credit for only 8 days, rather than for 38. A sworn certificate from the Hamilton County Sheriff's Office supports appellant's representation. In its order, the trial court said, "October 14, 1999 to November 22, 1999 clearly being 8 days, it is ORDERED AND ADJUDGED that the Defendant's Motion is denied." Our computations lead us to conclude that October 14 to November 22 is 38 days, as appellant claimed, and not 8 days, as found by the trial court. Accordingly, we reverse, and remand with directions that the trial court award appellant an additional 30 days of jail-time credit.

REVERSED and REMANDED, with directions.

KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.


Summaries of

Burch v. State

District Court of Appeal of Florida, First District
Jun 29, 2000
763 So. 2d 1260 (Fla. Dist. Ct. App. 2000)
Case details for

Burch v. State

Case Details

Full title:VERNON C. BURCH, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 29, 2000

Citations

763 So. 2d 1260 (Fla. Dist. Ct. App. 2000)