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Young v. State

District Court of Appeal of Florida, First District
Oct 13, 1981
404 So. 2d 423 (Fla. Dist. Ct. App. 1981)

Opinion

No. XX-304.

October 13, 1981.

Appeal from Circuit Court, Leon County; John A. Rudd, Judge.

Michael E. Allen, Public Defender, and Theodore E. Mack, Asst. Public Defender, for appellant.

No appearance for appellee.


Young appeals the judgment and prison sentence imposed following a determination that he violated the conditions of his probation. We affirm the judgment and sentence.

However, we note that the original probation order required Young to serve 45 days in county jail as a special condition of his probation. The sentence subsequently imposed does not credit Young with any jail time served as a condition of his probation. If Young has not been properly credited for jail time served, the sentencing error can be corrected by a motion under Florida Rules of Criminal Procedure 3.850. Wargo v. State, 393 So.2d 3 (Fla. 1st DCA 1980); State v. Jones, 327 So.2d 18 (Fla. 1976).

BOOTH, LARRY G. SMITH and SHIVERS, JJ., concur.


Summaries of

Young v. State

District Court of Appeal of Florida, First District
Oct 13, 1981
404 So. 2d 423 (Fla. Dist. Ct. App. 1981)
Case details for

Young v. State

Case Details

Full title:DONALD YOUNG, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 13, 1981

Citations

404 So. 2d 423 (Fla. Dist. Ct. App. 1981)