John Wheeler v. State of Florida

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

JOHN WHEELER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D15-0185

STATE OF FLORIDA,

Appellee. _____________________________/ Opinion filed May 1, 2015.

An appeal from an order of the Circuit Court for Duval County. Kevin A. Blazs, Judge.

John Wheeler, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of the appellee’s motion to dismiss, the motion is granted and this appeal is dismissed as moot. See Toomer v. State, 895 So. 2d 1256 (Fla. 1st DCA 2005) (dismissing appeal of order denying motion seeking jail *2 credit, holding that “[b]ecause the appellant is no longer in jail, he has no use for jail credit that would shorten his sentence, rendering this appeal moot”).

DISMISSED.

WOLF, THOMAS, and OSTERHAUS, JJ., CONCUR.