DENNIS A. TOOMER v. STATE OF FLORIDA
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DENNIS A. TOOMER, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D04-1935 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed March 8, 2005. An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge. Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, Tallahassee, for Appellee. PER CURIAM. We dismiss this appeal as moot. Where one is challenging the legality of his sentence or seeking jail credit against that sentence, and he completes the sentence during the pendency of the appeal, the appeal may be dismissed as moot. Cf. Hagan v. State, 853 So. 2d 595, 597 (Fla. 5 th DCA 2003); Edwards v. State, 765 So. 2d 222 (Fla. 2d DCA 2000). Because the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot. DISMISSED. VAN NORTWICK, POLSTON and THOMAS, JJ., CONCUR.
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