Opinion
Case No. 4D04-389.
Opinion filed February 25, 2004.
Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Kenneth D. Stern, Judge, L.T. Case Nos. 02-6 CFA02, 02-1397 CFA02 02-1399 CFA02.
Albert A. Santa, Pittsburgh, Pennsylvania, pro se.
No appearance required for appellee.
The appellant filed a "Motion to Modify and Correct Sentence" with the lower court on September 2, 2003. The nature of the motion was to correct the number of jail-credit days credited to his sentence. The motion was filed pursuant to Florida Rule of Criminal Procedure 3.800. The lower court appears to have considered the pleading as a rule 3.850 motion. The court denied relief for failing to comply with the procedural requirements of rule 3.850. We reverse the order denying relief due to the failure to comply with rule 3.850 and remand for the court to consider the motion under rule 3.800.
FARMER, C.J., KLEIN and SHAHOOD, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.