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Fleming v. Florida

District Court of Appeal of Florida, Fourth District
Feb 13, 2008
980 So. 2d 1110 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D07-4395.

February 13, 2008.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 2002CF014421AXX.

Moses Fleming, Milton, pro se.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


Moses Fleming appeals the denial of his motion to correct illegal sentence, which claims an entitlement to an additional 1,155 days of credit for time actually served in prison, which the trial court failed to award upon violation of probation. The lower court denied relief without any appellant's pro se amended initial brief, explanation as to why and without any appellant's conviction is AFFIRMED. record attachments refuting the allegations. See generally Terry v. State, 970 ALLEN, WEBSTER, and VAN So.2d 863 (Fla. 4th DCA Nov. 28, 2007); NORTWICK, JJ., concur. Matyjasik v. State, 969 So.2d 1142 (Fla. 4th DCA Nov. 14, 2007). We reverse and remand for further proceedings.

Reversed.

GROSS, TAYLOR and DAMOORGIAN, JJ., concur.


Summaries of

Fleming v. Florida

District Court of Appeal of Florida, Fourth District
Feb 13, 2008
980 So. 2d 1110 (Fla. Dist. Ct. App. 2008)
Case details for

Fleming v. Florida

Case Details

Full title:Moses FLEMING, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 13, 2008

Citations

980 So. 2d 1110 (Fla. Dist. Ct. App. 2008)

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