Wallace 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 DWAYNE D. WALLACE, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) Case No. 2D05-4232 Opinion filed February 3, 2006. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; D. Michelle Sisco, Acting Circuit Judge. VILLANTI, Judge. Dwayne D. Wallace appeals the postconviction court's denial of his pro se motion for additional jail credit. We reverse the denial of the motion and remand for the postconviction court to strike the motion as unauthorized because Wallace's direct appeal of his judgment and sentence is still pending in this court in case number 2D05189. See Ladson v. State, 907 So. 2d 1288 (Fla. 2d DCA 2005). Reversed and remanded. ALTENBERND and CASANUEVA, JJ., Concur.

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