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King v. State

District Court of Appeal of Florida, Fourth District
Jan 26, 2011
52 So. 3d 829 (Fla. Dist. Ct. App. 2011)

Opinion

No. 4D10-336.

January 26, 2011.

Appeal of order granting rule 3.800(a) motion from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Robert E. Belanger, Judge; L.T. Case Nos. 562001CF003925A, 562001CF003926A 562001CF004299A.

Ronald King, Madison, pro se.

No appearance required for appellee.


Ronald King filed a rule 3.800(a) motion contending that the trial court incorrectly calculated his jail credit in his three cases. We find that this has already been remedied and dismiss the appeal as moot.

On May 28, 2009, King filed his first rule 3.800(a) motion to correct sentencing error. While the State conceded that King was entitled to 386 days of jail credit, the court denied King's motion. King then filed a second rule 3.800(a) motion and the court granted it, ordering the clerk to prepare an amended sentence awarding King 386 days of jail credit in his three cases. Although he received the relief requested, King appealed. King then filed a motion to define or clarify his sentence, alleging that only one case was credited the proper amount of jail time.

This court's records in case number 4D09-4357, where King has appealed the corrected sentence, demonstrate that all three cases have been amended to reflect 386 days of jail credit. King filed this appeal before the Clerk of Court created the sentencing documents. The corrected sentences have since been forwarded to the Department of Corrections.

Accordingly, this appeal is dismissed as moot.

HAZOURI, DAMOORGIAN and GERBER, JJ., concur.


Summaries of

King v. State

District Court of Appeal of Florida, Fourth District
Jan 26, 2011
52 So. 3d 829 (Fla. Dist. Ct. App. 2011)
Case details for

King v. State

Case Details

Full title:Ronald KING, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 26, 2011

Citations

52 So. 3d 829 (Fla. Dist. Ct. App. 2011)