Summary
reversing and remanding for sentence to reflect entitlement to credit for all time served and check box concerning prison credit
Summary of this case from Dalton v. StateOpinion
Case No. 2D20-576
05-19-2021
James MCMAHON, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Rachel Paige Roebuck, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Rachel Paige Roebuck, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
James McMahon appeals the order revoking his probation and his sentence as a habitual felony offender. During the pendency of this appeal, Mr. McMahon filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error in which he challenged his designation as a habitual felony offender, as well as a rule 3.800(a) motion to amend his judgment and sentence to include the trial court's oral pronouncement awarding prison credit, both of which the trial court did not rule on and thus were deemed denied. We affirm the revocation of Mr. McMahon's probation and his sentence as a habitual felony offender without comment. Despite the trial court's oral pronouncement awarding Mr. McMahon credit for all time served, on his written sentence the box concerning prison credit was left blank. Thus, we reverse the denial of Mr. McMahon's rule 3.800(a) motion and remand for the trial court to correct the sentence to reflect Mr. McMahon's entitlement to credit for all time served and check the boxes concerning prison credit. See Andrews v. State, 822 So. 2d 540, 541 (Fla. 2d DCA 2002).
Affirmed in part, reversed in part, and remanded.
BLACK, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.