Turner v. State

Full title: KEVIN M. TURNER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jul 27, 1999

739 So. 2d 148 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-383.

Opinion filed July 27, 1999.

An appeal from the Circuit Court for Bay County, Don T. Sirmons, Judge.

Kevin M. Turner, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The order denying appellant's motion for post-conviction relief is affirmed. As to the issue of credit for time served in Alabama awaiting extradition, the motion is successive. See Prince v. State, 719 So.2d 346 (Fla. 4th DCA 1998). As to the second issue, credit for time served in Florida, the order denying relief is affirmed without prejudice to appellant filing a properly pled 3.800(a) motion. See Baker v. State, 714 So.2d 1167 (Fla. 1st DCA 1998).

AFFIRMED.

BOOTH, MINER AND VAN NORTWICK, JJ., CONCUR.