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James MCMAHON, Appellant, v. STATE of Florida, Appellee.
James McMahon appeals the order revoking his probation and his sentence as a habitual felony offender. During the pendency of this appeal, Mr. McMahon filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct a sentencing error in which he challenged his designation as a habitual felony offender, as well as a rule 3.800(a) motion to amend his judgment and sentence to include the trial court's oral pronouncement awarding prison credit, both of which the trial court did not rule on and thus were deemed denied. We affirm the revocation of Mr. McMahon's probation and his sentence as a habitual felony offender without comment. Despite the trial court's oral pronouncement awarding Mr. McMahon credit for all time served, on his written sentence the box concerning prison credit was left blank. Thus, we reverse the denial of Mr. McMahon's rule 3.800(a) motion and remand for the trial court to correct the sentence to reflect Mr. McMahon's entitlement to credit for all time served and check the boxes concerning prison credit. See Andrews v. State, 822 So. 2d 540, 541 (Fla. 2d DCA 2002).
Affirmed in part, reversed in part, and remanded.
PER CURIAM.
BLACK, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
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Docket No: Case No. 2D20-576
Decided: May 19, 2021
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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