HARRELL v. STATE (2002)

District Court of Appeal of Florida,First District.

Jimmie HARRELL, Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D01-2702.

Decided: March 12, 2002

Appellant, pro se. Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for appellee.

The appellant challenges the trial court's summary denial of his Fla. R.Crim. P. 3.800(a) motion for additional jail credit for the time he served on community control. The trial court did not err by ruling that the time served on community control is not available for additional jail credit. See Dupree v. State, 708 So.2d 968, 972 (Fla. 1st DCA 1998). As indicated by the trial court, the appellant did not argue that his sentence is illegal, therefore we do not address his assertion that he is entitled to jail credit time pursuant to Warrington v. State, 660 So.2d 385 (Fla. 5th DCA 1995).

AFFIRMED.

I concur in the result reached by the majority. However, I would add an additional clause in the opinion to the effect that the majority opinion is without prejudice to the appellant's filing a subsequent motion raising the argument that his sentence is illegal as conceded by the appellee in its response.

PER CURIAM.

BOOTH and POLSTON, JJ., concur; BROWNING, J., concurs with opinion.

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