James Mc Mahon v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 19, 2021
Docket2D20-0576
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JAMES McMAHON, )
)
Appellant, )
)
v. ) Case No. 2D20-576
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed May 19, 2021.
Appeal from the Circuit Court for Polk
County; Glenn T. Shelby, Judge.
Howard L. Dimmig, II, Public Defender, and
Rachel Paige Roebuck, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Peter Koclanes, Assistant
Attorney General, Tampa, for Appellee.
PER CURIAM.
James McMahon appeals the order revoking his probation and his
sentence as a habitual felony offender. During the pendency of this appeal, Mr.
McMahon filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a
sentencing error in which he challenged his designation as a habitual felony offender,
as well as a rule 3.800(a) motion to amend his judgment and sentence to include the
trial court's oral pronouncement awarding prison credit, both of which the trial court did
not rule on and thus were deemed denied. We affirm the revocation of Mr. McMahon's
probation and his sentence as a habitual felony offender without comment. Despite the
trial court's oral pronouncement awarding Mr. McMahon credit for all time served, on his
written sentence the box concerning prison credit was left blank. Thus, we reverse the
denial of Mr. McMahon's rule 3.800(a) motion and remand for the trial court to correct
the sentence to reflect Mr. McMahon's entitlement to credit for all time served and check
the boxes concerning prison credit. See Andrews v. State, 822 So. 2d 540, 541 (Fla. 2d
DCA 2002).
Affirmed in part, reversed in part, and remanded.
BLACK, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
-2-