Scott v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JACOB WESLEY SCOTT, ) Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D04-3750 Opinion filed April 27, 2005. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; William Fuente, Judge. NORTHCUTT, Judge. Jacob Wesley Scott appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and his motion to define or clarify sentence filed pursuant to Florida Rule of Criminal Procedure 3.700(b). We affirm the denial of both motions without comment. Our affirmance is without prejudice to any additional right Scott may have to file a motion for jail credit pursuant to rule 3.800(a) as a result of the amended award of jail credit Scott received pursuant to the trial court s order denying Scott s rule 3.800(a) and 3.700(b) motions. Any such motion for jail credit will not be deemed successive. Affirmed. STRINGER and KELLY, JJ., Concur. -2-

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