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KILLILEA v. STATE

No. 5D06-2703.

950 So.2d 1269 (2007)

Michael R. KILLILEA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 2007.

Attorney(s) appearing for the Case

Michael R. Killilea, Raiford, pro se.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Michael R. Killilea appeals the order denying his 3.800(a) motion to correct jail credit. He contends the trial court did not credit him with the correct number days he served in the county jail against his Department of Corrections ("DOC") sentence. While his case was pending before this court, Killilea was released from the DOC. See Toomer v. State, 895 So.2d 1256, 1256-57 (Fla. 1st DCA 2005). Therefore,

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