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Johnson v. State

District Court of Appeal of Florida, Second District
Jun 30, 1976
334 So. 2d 334 (Fla. Dist. Ct. App. 1976)

Opinion

No. 76-112.

June 30, 1976.

Appeal from the Circuit Court, Hillsborough County, Harry Lee Coe, III, J.

Horace A. Knowlton, III, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.


Appellant was convicted of grand larceny and sentenced to the Hillsborough County Diagnostic Treatment Center for a period of one (1) year to be followed by seven (7) years probation. He served the period of incarceration and, while on probation, committed another criminal offense. After hearing, the trial court revoked his probation. He was sentenced to serve four (4) years in the state penitentiary with credit for time served since July 16, 1974.

The judgment and sentence are affirmed. However, we remand the case to the trial court with directions to correct the sentence to give appellant credit for time served in the treatment center. See State v. Jones, Fla. 1976, 327 So.2d 18.

McNULTY, C.J., and HOBSON and BOARDMAN, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
Jun 30, 1976
334 So. 2d 334 (Fla. Dist. Ct. App. 1976)
Case details for

Johnson v. State

Case Details

Full title:ELL EDWARD JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 30, 1976

Citations

334 So. 2d 334 (Fla. Dist. Ct. App. 1976)

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