REGINALD MARTIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant is not entitled to credit for time served in various probation and restitution centers. See Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993); Turner v. State, 395 So. 2d 1242 (Fla. 1st DCA 1981). However, the judgment must be corrected to reflect conviction of a third-degree felony rather than a second-degree felony. Finally, the trial court erroneously revoked appellant’s probation and sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so re- fleet. Appellant need not be present for correction of Ms sentence. Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980). Judgment affirmed; sentence vacated in part and remanded for correction.
BOOTH, JOANOS and BENTON, JJ., concur.
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Citator
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Ford v. State, 724 So. 2d 705 (Fla. 4th DCA 1999)…t’s pro se brief/petition for writ of habeas corpus and conclude that there is no basis to find that the trial court erred when it denied appellant’s request for 215 days credit for the time spent in the restitution center. See e.g. Martin v. State, 680 So. 2d 454 (Fla. 1st DCA 1996). AFFIRMED. DELL, POLEN and GROSS, JJ., concur.…
Authorities Cited
- Curtis v. Evans, 395 So. 2d 1242 (Fla. 5th DCA 1981)
- Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993)
- Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980)