          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D18-1488
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KAREEM ABDUL JOHNSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Duval County.
Mark Borello, Judge.

                       September 20, 2018


PER CURIAM.

      The Appellant, Kareem Abdul Johnson, appeals from an
order dismissing his Motion for Correction of Jail Credit and/or
Prison Time Credit. The trial court dismissed the motion with
prejudice, deeming it untimely pursuant to Florida Rule of
Criminal Procedure 3.801. However, although the Appellant’s
motion cited to rule 3.801, which governs claims for additional
jail credit, it requested prison credit for the time served from the
date of his sentencing hearing until his resentencing hearing
following the reversal of his original sentences on direct appeal.
Thus, Appellant’s motion should have been construed pursuant to
Florida Rule of Criminal Procedure 3.800(a). See Calderon v.
State, 138 So. 3d 589, 589 (Fla. 2d DCA 2014). In response to this
Court’s Toler *order, the state concedes that remand is required to
permit the trial court to consider the motion pursuant to rule
3.800(a). Under these circumstances, we reverse and remand for
further proceedings.

    REVERSED and REMANDED.

MAKAR, OSTERHAUS, and JAY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Kareem Abdul Johnson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Sharon S. Traxler,
Assistant Attorney General, Tallahassee, for Appellee.




    *   Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).

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