Pouza v. State

Full title: Ricardo POUZA, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Nov 23, 2005

914 So. 2d 1039 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D05-711.

November 23, 2005.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.

Ricardo Pouza, in proper person.

Charles J. Crist, Jr., Attorney General, Thomas Mielke, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN, and RAMIREZ, JJ.

PER CURIAM.

We affirm the trial court's order denying the defendant's motion to correct illegal sentence and motion for clarification. However, we write additionally to clarify this Court's prior decision, Pouza v. State, 895 So.2d 1229 (Fla. 3d DCA 2005). In Pouza, we found the defendant was entitled to twenty-one days credit for time served. Because this Court's opinion had two lower court case numbers, the defendant contends he is entitled to twenty-one days credit for time served on both cases. We disagree and clarify: the defendant is entitled to twenty-one days credit for time served on case no: 89-42942 but no additional credit for time served on case no: 89-47408.

Affirmed.