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Smith v. State

District Court of Appeal of Florida, Third District
Aug 7, 1996
677 So. 2d 422 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-207.

August 7, 1996.

An Appeal from the Circuit Court for Dade County, Maynard A. Gross, Judge.

Bennett H. Brummer, Public Defender and Donald Tunnage, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, Michael J. Neimand and Fleur J. Lobree, Assistant Attorney Generals, and Alan A. Glenn, Certified Legal Intern, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.


We affirm the portion of the revocation order finding that the defendant violated his probation. However, as the State properly concedes, the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So.2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So.2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the defendant's credit for time served and remand to the trial court for a determination of the proper credit for time served.

Affirmed, in part; reversed, in part; and remanded with directions.


Summaries of

Smith v. State

District Court of Appeal of Florida, Third District
Aug 7, 1996
677 So. 2d 422 (Fla. Dist. Ct. App. 1996)
Case details for

Smith v. State

Case Details

Full title:HAROLD SMITH, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 7, 1996

Citations

677 So. 2d 422 (Fla. Dist. Ct. App. 1996)