DIGGS v. STATE

No. 98-3234.

727 So.2d 346 (1999)

Alton Eugene DIGGS, Appellant v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 18, 1999.


Attorney(s) appearing for the Case

Alton Eugene Diggs, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Appellant appeals the denial of his motion for correction of sentence wherein he sought jail and prison credit. The trial court denied the motion, because it was untimely in that appellant had filed it more than 60 days after sentence was imposed, and because the motion constituted an abuse of process in that the court had previously denied a motion to correct in April 1995. We reverse. The trial court erroneously considered the motion under Florida Rule...

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