MATTHEW BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MATTHEW BROWN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
460 So. 2d 520
Florida District Court of Appeal, Third District (1984)
Caution
Cited by 2 cases
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Opinion of the Court
PER CURIAM.
We reverse the order denying the defendant’s motion filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. In Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107, 1112 (Fla. 1981), the supreme court held:
In modifying probation or in revoking probation and sentencing the probationer, credit must be given for time spent incarcerated pursuant to a split sentence probation order. Contrary to the state’s contention, credit must be given on both counts for time served since the time being served was running concurrently on both counts. Cf. Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984) {pre-sentence jail time can be allocated to two or more concurrent sentences in any manner the trial court sees fit). Accordingly, this cause is remanded to the trial court with directions to modify the sentences to reflect the appropriate credit for time served.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Winfred Cone v. State, 469 So. 2d 945 (Fla. 5th DCA 1985)…redit for the time served as a condition of probation to only one of the two three-year sentences. We hold that credit must be given on both counts for time served, since the time being served was running concurrently on both counts. Brown v. State, 460 So. 2d 520 (Fla. 3d DCA 1984). This would not be true of presentence jail time. See Amlotte v. State, 435 So. 2d 249 (Pla. 5th DCA 1983), approved, 456 So. 2d 448 (Fla.1984). We affirm in part, reverse in part, and remand for correction of sentence to provide…
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984)