DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.800 of the Washington DC Rules of Criminal Procedure, requests this Honorable Court to correct the illegal sentence imposed upon Defendant in this case. As grounds for this Motion, Defendant states the following:
- On March 18, 2011, police arrested the Defendant and charged him with aggravated assault (Case No. XXXX XXX XX) and on-site violation of probation in the above-captioned case. The Defendant was incarcerated and held on $10,000 bond for the aggravated assault and no bond for this case.
- On June 11, 2011, the Defendant entered into a plea agreement with the State that resolved both the aggravated assault and this violation of probation case. Upon accepting the plea, this Court revoked the Defendant’s probation and sentenced him to 21.6 months prison concurrent with the aggravated assault case.
- Despite the fact that the Defendant had been continuously incarcerated on both cases since his arrest on March 18, he was awarded 86 days credit-time-served for the aggravated assault case and only 48 days for this case. Accordingly, it is the Defendant’s position that he is entitled to the 86 days incarceration since his latest arrest on March 18 plus any in-custody days prior to that date.
WHEREFORE, the Defendant respectfully requests this Honorable Court enter an Order correcting the imposed sentence and grant the Defendant credit for all time served in custody on this case.