Blowe v. State

District Court of Appeal of Florida

Blowe v. State

653 So. 2d 497, 1995 Fla. App. LEXIS 4182, 1995 WL 232588

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1995

DocketNo. 95-418

StatusPublished

This text of 653 So. 2d 497 (Blowe 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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Blowe v. State, 653 So. 2d 497, 1995 Fla. App. LEXIS 4182, 1995 WL 232588 (Fla. Ct. App. 1995).

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Opinion

GOSHORN, Judge.

Appellant claims in his Rule 3.800(a) motion that the trial court erroneously calculated the amount of credit he was due for time served. After reviewing the record, we agree. This court reversed appellant’s original sentence because it exceeded the statutory maximum. Blowe v. State, 621 So.2d 587 (Fla. 5th DCA 1993). When the trial court resentenced appellant, it awarded credit for the time appellant had served in prison while the appeal of the original sentence was pending, but it did not award credit for the time appellant spent in jail prior to the original sentence as required by section 921.161(1), Florida Statutes (1993). Accordingly, we reverse and remand for resentencing.

REVERSED and REMANDED.

PETERSON and THOMPSON, JJ., concur.

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GOSHORN, Judge.

Appellant claims in his Rule 3.800(a) motion that the trial court erroneously calculated the amount of credit he was due for time served. After reviewing the record, we agree. This court reversed appellant’s original sentence because it exceeded the statutory maximum. Blowe v. State, 621 So.2d 587 (Fla. 5th DCA 1993). When the trial court resentenced appellant, it awarded credit for the time appellant had served in prison while the appeal of the original sentence was pending, but it did not award credit for the time appellant spent in jail prior to the original sentence as required by section 921.161(1), Florida Statutes (1993). Accordingly, we reverse and remand for resentencing.

REVERSED and REMANDED.

PETERSON and THOMPSON, JJ., concur.

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Bluebook (online)

653 So. 2d 497, 1995 Fla. App. LEXIS 4182, 1995 WL 232588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blowe-v-state-fladistctapp-1995.

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