Opinion
No. 90-1959.
November 14, 1990. On Petition for Rehearing January 16, 1991.
Appeal of an order denying a Rule 3.800 motion from the Circuit Court for Broward County; Mark A. Speiser, Judge.
Michael J. Perko, Arcadia, pro se.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant has appealed from the denial of his Rule 3.800(a) motion for correction of sentence. We find merit in appellant's contentions and thus remand this cause to the trial court for correction of appellant's concurrent sentences so that all may reflect all time served and gain time acquired when appellant was originally jailed and imprisoned for the grand theft offense, as well as any jail time served following appellant's April 1, 1990, arrest. See Daniels v. State, 491 So.2d 543 (Fla. 1986); State v. Green, 547 So.2d 925 (Fla. 1989).
REVERSED AND REMANDED.
DOWNEY, DELL and WALDEN, JJ., concur.
ON PETITION FOR REHEARING
Appellee's petition for rehearing is granted and our opinion of November 14, 1990, is modified to include certification of the following question, which we consider to be one of great public importance:
DID CREDIT GRANTED FOR TIME SERVED ACCORD WITH THE HOLDING IN DANIELS V. STATE, 491 So.2d 543 (FLA. 1986), WHEN, IN IMPOSING ON DEFENDANT CONCURRENT SENTENCES FOR VIOLATION OF PROBATION ON A PRIOR GRAND THEFT CONVICTION AND FOR COCAINE POSSESSION COMMITTED WHILE ON THAT PROBATION, THE TRIAL COURT GAVE DEFENDANT CREDIT TOWARD THE SENTENCE FOR COCAINE POSSESSION ONLY FOR TIME IN JAIL WHILE AWAITING DISPOSITION OF THAT CHARGE, WHILE ALLOWING ADDITIONALLY TOWARD THE PROBATION VIOLATION SENTENCE TIME PREVIOUSLY SERVED AS A CONDITION OF PROBATION ON THE GRAND THEFT CONVICTION?