Shamel J. Ross v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 5, 2020
Docket3D19-2340
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 5, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2340
Lower Tribunal Nos. 18-25154, 12-29101A, & 12-29257
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Shamel J. Ross,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Milton Hirsch, Judge.
Shamel J. Ross, in proper person.
Ashley Moody, Attorney General, and Joanne Diez, Assistant Attorney
General, for appellee.
Before EMAS, C.J., and FERNANDEZ and LINDSEY, JJ.
PER CURIAM.
We affirm the trial courtโs amended order, rendered within sixty days of the
original order, to correctly reflect the amount of jail credit to which the defendant
was actually entitled. See Fla. R. Crim. P. 3.800(c)(providing that a trial court may
reduce or modify a legal sentence sua sponte, or upon motion filed, within 60 days
of its imposition). Compare with Taylor v. State, 145 So. 3d 948, 950 (Fla. 1st DCA
2014)(holding that โ[w]here a trial court errs in granting a defendant too much credit
for time served, that credit cannot be rescinded outside of the 60-day period for
modifying a sentence provided in Florida Rule of Criminal Procedure 3.800(c), even
if that credit was improperly awardedโ) (emphasis added); King v. State, 913 So.
2d 758 (Fla. 2d DCA 2005) (same). See also Gallinat v. State, 941 So. 2d 1237 (Fla.
5th DCA 2006) (holding that, subject to certain limited exceptions, a post-sentencing
correction of an erroneous jail credit calculation does not violate double jeopardy
principles).
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