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Quintero v. State

District Court of Appeal of Florida, Third District.
Nov 12, 2015
177 So. 3d 267 (Fla. Dist. Ct. App. 2015)

Opinion

No. 3D15–1445.

11-12-2015

Jovany QUINTERO, Appellant, v. The STATE of Florida, Appellee.

Jovany Quintero, in proper person. Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.


Jovany Quintero, in proper person.

Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

ON CONFESSION OF ERROR

PER CURIAM.

Appellant Jovany Quintero appeals from the trial court's May 29, 2015 order denying rehearing of Quintero's rule 3.800(a) motion to correct an illegal sentence. On the State's proper confession of error, we reverse and remand with directions for the trial court first to determine whether Quintero is entitled to credit for time previously served in state prison between October 25, 2012, and August 4, 2013 (the “State Incarceration Period”).

If the trial court finds that Quintero is entitled to a credit for the State Incarceration Period, then the trial court should determine whether Quintero waived the credit for the State Incarceration Period.

If the trial court finds that Quintero did not waive the credit for the State Incarceration Period, then the trial court should address whether the written sentence specifically directed the Department of Corrections to calculate this credit and provide it to the trial court.

If the trial court finds that there is either a waiver of credit for the State Incarceration Period, or the written sentence directs the Department of Corrections to calculate and provide the credit for the State Incarceration Period, then the trial court should issue a new order, attaching the requisite documents.

If the trial court finds that there is no waiver of the credit for the State Incarceration Period and the written sentence does not direct the Department of Corrections to calculate and provide the credit, then the trial court should enter a corrected sentence directing the Department of Corrections to calculate and provide the credit for the State Incarceration Period.

Reversed and remanded.


Summaries of

Quintero v. State

District Court of Appeal of Florida, Third District.
Nov 12, 2015
177 So. 3d 267 (Fla. Dist. Ct. App. 2015)
Case details for

Quintero v. State

Case Details

Full title:Jovany QUINTERO, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Nov 12, 2015

Citations

177 So. 3d 267 (Fla. Dist. Ct. App. 2015)
2015 WL 7007807