Boggs 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 LeVAUGHN A. BOGGS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Case No. 2D14-5321 Opinion filed June 5, 2015. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Christopher C. Sabella, Judge. PER CURIAM. LeVaughn A. Boggs appeals the postconviction court's order denying his motion to correct jail credit filed under Florida Rule of Criminal Procedure 3.801. However, Boggs was released from prison on November 8, 2014. Because Boggs has been released from prison, having completed his prison sentence, the jail credit issue is moot. See Toomer v. State, 895 So. 2d 1256, 1256-57 (Fla. 1st DCA 2005); cf. Mills v. State, 6 So. 3d 77, 78 (Fla. 2d DCA 2009) (affirming the dismissal of a postconviction motion seeking additional jail credit when the sentence was fully served and the additional credit would not affect a subsequent sentence). Accordingly, we dismiss this appeal. Dismissed. WALLACE, BLACK, and SLEET, JJ., Concur. -2-

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