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Simmons v. State

District Court of Appeal of Florida, Fourth District
Apr 7, 1999
730 So. 2d 808 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2453

Opinion filed April 7, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. Case No. 93-2933-CF, 94-993-CF, 94-994-CF 98-3-CF-A,.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Terri Leon-Benner, Assistant Attorney General, Fort Lauderdale, for appellee.


This an appeal by Ernest Simmons from a judgment of guilt and sentence wherein appellant claims the trial court erred in failing to give him credit for all jail time previously served. Since there is nothing in this record which substantiates appellant's claim of entitlement to additional credit for jail time served, we affirm without prejudice to appellant's seeking additional credit under rule 3.850. See Walker v. State, No. 97-4339 (Fla. 4th DCA Feb. 17, 1999).

Appellant also contends the trial court erred in imposing an illegal excessive prison sentence that exceeded the statutory maximum for three counts. We also affirm on that issue.See State v. Myers, 713 So.2d 1013 (Fla. 1998).

We therefore affirm without prejudice to seek additional credit by motion under rule 3.850.

DELL and GROSS, JJ., concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, Fourth District
Apr 7, 1999
730 So. 2d 808 (Fla. Dist. Ct. App. 1999)
Case details for

Simmons v. State

Case Details

Full title:ERNEST SIMMONS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 7, 1999

Citations

730 So. 2d 808 (Fla. Dist. Ct. App. 1999)