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Elbert v. State, Case No. 2D09-3702 (Fla. App. 2/5/2010) (Fla. App., 2010)

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RICHARD H. ELBERT, JR., Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D09-3702. District Court of Appeal of Florida, Second District. Opinion filed February 5, 2010. Appeal from the Circuit Court for Pinellas County, W. Douglas Baird, Judge. Richard H. Elbert, Jr., pro se. Bill McCollum, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Richard Elbert appeals an “Order Removing Prison Credit” entered by the trial court on July 10, 2009. We reverse because the court lacked jurisdiction to enter the order and the order violates Elbert’s double jeopardy rights. This proceeding was initiated in June 2009 with the State’s filing of a Page 2 Request for Order Removing Prison Credit in three cases that originated in 1991...continue to full post

Full post as published by Florida Criminal Law Opinions on February 05, 2010 (boomark / email).