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Kevin Robert SHIRLEY, Appellant, v. The STATE of Florida, Appellee

Florida District Court of Appeal2010-04-28No. No. 3D10-689
34 So. 3d 148

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Opinion

majority opinion

WELLS, Judge.

The order now before us is affirmed without prejudice to permit Appellant to file another motion challenging the amount of credit for time served following conclusion of the appeal in 3D09-1717. See Fla. R.Crim. P. 3.800(a) (“A court may at any time correct ... a sentence that does not grant proper credit for time served ... provided that a party may not file a motion to correct an illegal sentence under this subdivision ... during the pendency of a direct appeal.”).