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STEWART v. STATE

Case No. 5D16-3564.

219 So.3d 273 (2017)

Virgil O'Keith STEWART, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed May 26, 2017.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Alexander J. Gilewicz , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.

Virgil Stewart appeals the summary denial of his motion seeking additional credit for time served both in jail and in prison. Although the trial court properly concluded Stewart's motion was facially insufficient, it also denied Stewart's claim on the merits. This denial was error. The trial court should have allowed Stewart sixty days to amend...

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