05-0711 POUZA V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 05-0711 POUZA V. STATE

Case Date: 11/23/2005

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 JULY TERM, A.D. 2005

RICARDO POUZA, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** CASE NO. 3D05-711 LOWER TRIBUNAL NOS. 89-42942 89-47408

**

Opinion filed November 23, 2005. An Appeal under Fla. R. App. P. 9.141(b) (2) from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Ricardo Pouza, in proper person. Charles J. Crist, Jr., Attorney General, Assistant Attorney General, for appellee. Before GERSTEN, GREEN, and RAMIREZ, JJ. PER CURIAM. We affirm the trial court's order denying the defendant's motion to correct illegal sentence and motion for clarification. However, we write additionally to clarify this Court's prior Thomas Mielke,

decision, Pouza v. State, 895 So. 2d 1229 (Fla. 3d DCA 2005). In Pouza, we found the defendant was entitled to twenty-one days credit for time served. Because this Court's opinion had two

lower court case numbers, the defendant contends he is entitled to twenty-one days credit for time served on both cases. We

disagree and clarify: the defendant is entitled to twenty-one days credit for time served on case no: 89-42942 but no

additional credit for time served on case no: 89-47408. Affirmed.

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