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KELLY v. STATE

No. 4D09-2770.

36 So.3d 191 (2010)

Andrea KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 16, 2010.

Attorney(s) appearing for the Case

Andrea Kelly, Fort Lauderdale, pro se.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

POLEN, J.

Appellant, Andrea Kelly, appeals the trial court's order summarily denying her rule 3.800(a) motion to correct illegal sentence in which she alleged she was due seventy (70) days credit for time served but was given only forty-seven (47) days credit. The trial court summarily denied the motion stating that Kelly had agreed to be given only forty-seven (47) days credit for time served when she entered a plea agreement with the State. However, the order did...

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