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MITCHELL v. STATE

No. 4D08-4776.

27 So.3d 240 (2010)

Derrick Antonio MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 17, 2010.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

GERBER, J.

The appellant, Derrick Antonio Mitchell, filed a motion to correct sentencing error in the circuit court. In the motion, Mitchell stated that the court erred in not awarding him 233 days of jail time credit at the time of his sentencing. Within 60 days from the filing of the motion, the court did not file an order ruling on the motion. Thus, the motion is considered denied. See Fla. R.Crim. P. 3.800(b)(1...

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