PRESTRIDGE v. STATE

No. 96-2694.

682 So.2d 703 (1996)

Keith Allen PRESTRIDGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 13, 1996.


Attorney(s) appearing for the Case

Keith Allen Prestridge, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, GODERICH and SHEVIN, JJ.


PER CURIAM.

As the State properly concedes, the sentences imposed on the defendant pursuant to the plea agreement of October 31, 1995, do not include credit for the prison time the defendant had previously served, and a motion to correct illegal sentence, pursuant to Florida Rule of Criminal Procedure 3.800, was the appropriate vehicle to seek the correction of the trial court's order.

Thus, the trial court erred in denying the pro se timely filed 3.800 motion...

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