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KITCHEN v. STATE

No. 4D09-143.

20 So.3d 975 (2009)

John KITCHEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 21, 2009.

Attorney(s) appearing for the Case

John Kitchen, Carabelle, pro se.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

John Kitchen appeals an order summarily denying his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks additional jail time credit for time spent in the county jail pending resentencing in his case.

In 1997, Kitchen was sentenced to forty years in prison as a violent career criminal with a thirty-year mandatory minimum. The trial court gave a credit for 348 days served in the county jail prior to...

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