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Phelps v. State

District Court of Appeal of Florida, Second District
Nov 21, 1990
569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-02944.

November 21, 1990.

Appeal pursuant to Fla.R.App.P. 9.140(g) from the Circuit Court for Hillsborough County; Richard A. Lazzara, Judge.


Arthur Phelps appeals the summary denial of his motion to correct sentence. The circuit court found that it was without jurisdiction to consider the motion because an appeal was pending. See Marshall v. State, 481 So.2d 973 (Fla. 2d DCA 1986). However, that appeal, while involving issues similar to those in the present case, appears to have been filed in a different circuit court case, and was decided prior to the commencement of the present action. Phelps v. State, 561 So.2d 32 (Fla. 2d DCA 1990). Because we believe Phelps has set forth a prima facie showing of his entitlement to additional credit for time served, we remand this case to the circuit court for consideration on its merits.

Reversed.

DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.


Summaries of

Phelps v. State

District Court of Appeal of Florida, Second District
Nov 21, 1990
569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)
Case details for

Phelps v. State

Case Details

Full title:ARTHUR PHELPS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 21, 1990

Citations

569 So. 2d 1382 (Fla. Dist. Ct. App. 1990)