Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990). · Go Syfert
Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990). Cases Citing This Book View Copy Cite
13 citation events across 2 distinct courts.
Strongest positive: State v. Mancino (fla, 1998-06-11)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) State v. Mancino
Fla. · 1998 · confidence medium
See Jones, 635 So.2d at 42 ; Rouse, 643 So.2d at 1160 ; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991) (noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence as being illegal and... can be raised at any time"); Martin v. State, 525 So.2d 901, 902 (Fla. 5th DCA 1987) (opinion on rehearing) (reading the Florida Supreme Court's opinion in Daniels[v. State, 491 So.2d 543 (Fla. 1986)] to mean that "a sentence is illegal if it fails to allow a defendant credit on all con…
discussed Cited as authority (rule) Vanderblomen v. State (2×)
Fla. Dist. Ct. App. · 1998 · confidence medium
See Jones, 635 So.2d at 42 ; Rouse, 643 So.2d at 1160 ; Moorer v. State, 556 So.2d 778, 779 (Fla. 1st DCA 1990); see also Sanders v. State, 579 So.2d 326, 326 (Fla. 5th DCA 1991)(noting that "a claim by a defendant that he did not receive all of his jail time credit attacks the sentence as being illegal *146 and ... can be raised at any time"); Martin v. State, 525 So.2d 901, 902 (Fla. 5th DCA 1987)(opinion on rehearing)(reading the Florida Supreme Court's opinion in Daniels to mean that "a sentence is illegal if it fails to allow a defendant credit on all concurrent sentences for all of the t…
cited Cited "see" Crenshaw v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990); Terry v. State, 567 So.2d 1050 (Fla. 5th DCA 1990); Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1987).
cited Cited "see, e.g." Jones v. State
Fla. Dist. Ct. App. · 1994 · signal: see also · confidence low
See also Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990), in which this court stated "[a] sentence which does not allow for proper credit is an illegal sentence... .
Ashley Brett MOORER, Appellant,
v.
STATE of Florida, Appellee.
89-1952.
District Court of Appeal of Florida, First District.
Feb 8, 1990.
556 So. 2d 778
Per Curiam.
Cited by 9 opinions  |  Published

Ashley Brett Moorer, pro se.

No appearance for appellee.

[*779] PER CURIAM.

Appellant filed a motion under Rule 3.800(a) or 3.850, Florida Rules of Criminal Procedure, seeking credit for 303 days spent in jail. The trial court denied the order on the stated ground that this issue should have been raised during appellant's direct appeal.

A sentence which does not allow for proper credit is an illegal sentence. Baranko v. State, 516 So.2d 332 (Fla. 1st DCA 1987). Under Rule 3.800, an illegal sentence may be corrected at any time. Because appellant was not precluded from raising this issue by way of a motion under 3.800(a), the trial court erred in denying the motion without consideration on the merits.

REVERSED and REMANDED.

SHIVERS, C.J., and SMITH and NIMMONS, JJ., concur.