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Elbert v. State

District Court of Appeal of Florida, First District
Aug 30, 1985
474 So. 2d 915 (Fla. Dist. Ct. App. 1985)

Opinion

No. BF-188.

August 30, 1985.

Appeal from the Circuit Court for Duval County; Donald Moran, Judge.

Ozzie Elbert, pro se.

Jim Smith, Atty. Gen., for appellee.


Elbert appeals from the denial of his motion for jail time credit pursuant to 3.800(a), Florida Rules of Criminal Procedure, and Section 921.161, Florida Statutes (1983). We affirm.

The trial court specifically provided in its order that Elbert be allowed credit for the two years and 79 days of incarceration he served prior to the imposition of his sentence. He contends this credit has been denied by the Department of Corrections.

We affirm the trial court's award of jail time credit without prejudice for filing a writ of mandamus directed to the Department of Corrections.

BOOTH, C.J., and JOANOS, J., concur.


Summaries of

Elbert v. State

District Court of Appeal of Florida, First District
Aug 30, 1985
474 So. 2d 915 (Fla. Dist. Ct. App. 1985)
Case details for

Elbert v. State

Case Details

Full title:OZZIE ELBERT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 30, 1985

Citations

474 So. 2d 915 (Fla. Dist. Ct. App. 1985)