03-3146 KOPP V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d03-3146

Case Date: 01/28/2004

Plaintiff: 03-3146 KOPP

Defendant: STATE

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004

SHANE KOPP, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D03-3146 LOWER TRIBUNAL NO. 03-1818

Opinion filed January 28, 2004. An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Miami-Dade County, Henry Leyte-Vidal, Judge. Shane Kopp, in proper person. Charles J. Crist, Jr., Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and GREEN and SHEPHERD, JJ. PER CURIAM. Defendant, Shane Kopp, appeals the denial of his Motion to Correct Illegal Sentence as to amount of jail credit, pursuant to

Fla. R. Crim. P. 3.800(a).

We affirm in part and reverse in

part, based on the State's proper confession of error. Kopp was sentenced to a term of eighteen months

imprisonment, with credit for 62 days time served.

Kopp contends

that the 62 days, representing the period from June 15 to August 15, 2003, should be corrected to reflect 75 days credit for time served. The State responds that Kopp has miscalculated the We agree with the State and Kopp also urges

number of days in this period.

affirm this part of the denial of Kopp's motion.

that he was incorrectly denied credit for 143 days time served, from January 19 to June 10, 2003. The State concedes that Kopp

was incarcerated during this period and requests that the order of denial regarding this part of Kopp's motion be reversed. We agree and reverse the denial of Kopp's motion as it relates to the 143 days from January 19 to June 10, 2003. We remand with

directions to correct Kopp's sentence to reflect the additional 143 days of credit for time served. See

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