Baisch v. State

District Court of Appeal of Florida

Baisch v. State

688 So. 2d 415, 1997 Fla. App. LEXIS 1025, 1997 WL 61019

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1997

DocketNo. 96-840

StatusPublished

Cited by1 cases

This text of 688 So. 2d 415 (Baisch v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baisch v. State, 688 So. 2d 415, 1997 Fla. App. LEXIS 1025, 1997 WL 61019 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm the trial court’s February 7, 1996 denial of appellant’s motion to correct or modify his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Appellant was entitled upon resentencing for his violation of the probationary portion of his split sentence only to credit for actual prison time served during the incarcerative portion of his original sentence. See Fla. Stat. § 948.06 (1995); Sheppard v. State, 661 So.2d 386, 387 (Fla. 1st DCA 1995). This Court lacks the requisite jurisdiction in this appeal to review the correctness of appellant’s judgment of conviction and sentence.

[416]*416ALLEN, MICKLE and PADOVANO, JJ„ concur.

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PER CURIAM.

We affirm the trial court’s February 7, 1996 denial of appellant’s motion to correct or modify his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Appellant was entitled upon resentencing for his violation of the probationary portion of his split sentence only to credit for actual prison time served during the incarcerative portion of his original sentence. See Fla. Stat. § 948.06 (1995); Sheppard v. State, 661 So.2d 386, 387 (Fla. 1st DCA 1995). This Court lacks the requisite jurisdiction in this appeal to review the correctness of appellant’s judgment of conviction and sentence.

[416]*416ALLEN, MICKLE and PADOVANO, JJ„ concur.

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688 So. 2d 415, 1997 Fla. App. LEXIS 1025, 1997 WL 61019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baisch-v-state-fladistctapp-1997.

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