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Evans v. State

Florida Court of Appeals, Third District
Nov 3, 2021
No. 3D21-1735 (Fla. Dist. Ct. App. Nov. 3, 2021)

Opinion

3D21-1735

11-03-2021

Oscar R. Evans, Appellant, v. The State of Florida, Appellee.

Oscar R. Evans, in proper person. Ashley Moody, Attorney General, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. F07-31687, Jose L. Fernandez, Judge.

Oscar R. Evans, in proper person.

Ashley Moody, Attorney General, for appellee.

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.

BOKOR, J.

Oscar R. Evans challenges an order denying his motion to correct an illegal sentence. Specifically, Mr. Evans seeks credit in the underlying sentence for 1, 116 days of time served. However, the record reflects that the trial court clearly explained, and Mr. Evans acknowledged, that he would receive the credit for time served in a separate probation violation case, and not the instant case. Since Mr. Evans was properly credited for time served in this case, the trial court properly denied Mr. Evan's motion. Martinez v. State, 211 So.3d 989, 991 (Fla. 2017) (explaining that sentencing errors that can be corrected under rule 3.800(a) must be apparent from face of original record).

Affirmed.


Summaries of

Evans v. State

Florida Court of Appeals, Third District
Nov 3, 2021
No. 3D21-1735 (Fla. Dist. Ct. App. Nov. 3, 2021)
Case details for

Evans v. State

Case Details

Full title:Oscar R. Evans, Appellant, v. The State of Florida, Appellee.

Court:Florida Court of Appeals, Third District

Date published: Nov 3, 2021

Citations

No. 3D21-1735 (Fla. Dist. Ct. App. Nov. 3, 2021)