140 So. 3d 1140

George Terry DURDEN, Appellant, v. STATE of Florida, Appellee.

No. 5D14-149.

District Court of Appeal of Florida, Fifth District.

June 20, 2014.

George T. Durden, Crawfordville, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Ap-pellee.

PER CURIAM.

George Terry Durden appeals the order summarily dismissing as untimely his motion for jail credit filed pursuant to rule 3.801, Florida Rules of Criminal Procedure. Durden filed his motion under the mailbox rule on December 2, 2013. Effective July 1, 2013, all jail credit issues must be handled pursuant to Florida Rule of Criminal Procedure 3.801, which limits the time for seeking correction of jail credit to one year from the date the sentence becomes final.1 Defendants with sentences such as Durden’s that became final before that time would have until July 1, 2014, to file a jail credit claim. Therefore, the trial court erroneously dismissed Durden’s rule 3.801 motion as untimely. Accordingly, we reverse the order under review and remand this case to the trial court to consider Durden’s timely filed motion.

REVERSED and REMANDED.

SAWAYA, ORFINGER, and LAWSON, JJ., concur.

Durden v. State
140 So. 3d 1140

Case Details

Name
Durden v. State
Decision Date
Jun 20, 2014
Citations

140 So. 3d 1140

Jurisdiction
Florida

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