MONTRAY ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1996-09-30
No. 95-3194
MINER and LAWRENCE, JJ., concur.
679 So. 2d 892 Florida District Court of Appeal, First District (1996) Negative Treatment
Cited by 8 cases
Topics
Credit For Time Served Violation Of Probation

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Opinion of the Court
MICKLE, Judge.

MICKLE, Judge.

In this direct appeal, the State concedes, and we agree, that appellant is entitled to an additional year of credit for time served in prison against the sentences imposed upon violation of probation. See §§ 958.04(2)(c), 958.14, Fla. Stat. (1991); Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994). We therefore reverse and remand to the trial court to award an additional year of credit for time served and, in light thereof, to assess whether appellant is entitled to immediate release.1

MINER and LAWRENCE, JJ., concur. . Appellant's assertion that the award of an additional year of credit would effectuate his immediate release renders moot his additional claim that he is entitled to credit for the 72 days he spent on probation before the affidavit of violation of probation was filed.

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  • Roan Peart v. State, 756 So. 2d 42 (Fla. 2000)
    …error coram nobis is an established method of collaterally attacking a judgment based on a rule 3.172(c)(8) violation. See, e,g, Gregersen v. State, 714 So. 2d 1195 (Fla. 4th DCA), review granted, 728 So. 2d 205 (Fla. [*46] 1998); Beckles v. State, 679 So. 2d 892 (Fla. 3d DCA 1996); Dugart v. State, 578 So. 2d 789 (Fla. 4th DCA 1991). Federal courts have likewise accepted writs of error co-ram nobis as vehicles to collaterally attack judgments based on alleged trial court failures to advise federal defendant…
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  • Roan Peart v. State, 705 So. 2d 1059 (Fla. 3d DCA 1998)
    …nsequences of their pleas pursuant to Florida Rule of Criminal Procedure 3.172(c)(8). We hold that the traditional writ of error coram nobis is not an available remedy for the reasons expressed herein. In so holding, we recede from Beckles v. State, 679 So. 2d 892 (Fla. 3d DCA 1996), and all other cases issued by this court to the extent they rely on Bedeles. We grant rehearing, withdraw the opinions issued in Peart v. State, No. 97-2229 (Fla. 3d DCA Sept. 11, 1997); in Jimenez v. State, No. 97-3248 (Fla. 3d…
  • State v. Seraphin, 818 So. 2d 485 (Fla. 2002)
    …tion, the defendant had to prove that-the trial court did not provide advice regarding, the possible immigration consequences of the plea and resultant prejudice. See Perriello v. State, 684 So. 2d 258, 259-60 (Fla. 4th DCA 1996); Beckles [v. State, 679 So. 2d 892 (Fla. 3d DCA 1996)]; De Abreu v. State, 593 So. 2d 233, 234 (Fla. 1st DCA 1991). [Note 5] In order to show prejudice pursuant to a rule 8.172(c)(8) viola [*488] tion, defendants had to establish that they did not know that the plea might result in d…

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