SPEAR v. STATE

Case No. 5D19-1747.

294 So.3d 995 (2020)

Michael D. SPEAR, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed April 17, 2020.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Glendon George Gordon, Jr. , Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Kaylee D. Tatman , Assistant Attorney General, Daytona Beach, for Appellee.


The primary question that we address in this appeal is whether a trial court, on its own motion, may, at any time after a judgment and sentence becomes final, correct a ministerial error in sentencing documents that overreport the amount of jail credit and prison credit awarded to a defendant. Appellant, Michael D. Spear, argues that...

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