Conyers v. State

District Court of Appeal of Florida

Conyers v. State

648 So. 2d 845, 1995 Fla. App. LEXIS 201, 1995 WL 15499

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1995

DocketNo. 93-03231

StatusPublished

Cited by1 cases

This text of 648 So. 2d 845 (Conyers 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.

Bluebook

Conyers v. State, 648 So. 2d 845, 1995 Fla. App. LEXIS 201, 1995 WL 15499 (Fla. Ct. App. 1995).

Pincite

Opinion

THREADGILL, Judge.

The appellant challenges his judgments and sentences for two counts of capital sexual battery. We affirm the convictions without comment, but remand for correction of the sentence.

At sentencing, the trial court ordered that the appellant be given credit for any jail time served before sentencing. All relevant documents in the record indicate the appellant [846]*846was incarcerated for 364 days. The appellant’s written sentence allows nine days credit for time served. The state argues the appellant waived this issue by failing to present it to the trial court. The failure to give appropriate credit for time served may be raised on direct appeal even in the absence of an objection in the trial court. Kio v. State, 624 So.2d 744, 748 (Fla. 1st DCA 1993); see also Yohn v. State, 461 So.2d 263 (Fla. 2d DCA 1984). We therefore affirm the judgments and sentences, but remand for correction of the credit given for time served.

FRANK, C.J., and FULMER, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

THREADGILL, Judge.

The appellant challenges his judgments and sentences for two counts of capital sexual battery. We affirm the convictions without comment, but remand for correction of the sentence.

At sentencing, the trial court ordered that the appellant be given credit for any jail time served before sentencing. All relevant documents in the record indicate the appellant [846]*846was incarcerated for 364 days. The appellant’s written sentence allows nine days credit for time served. The state argues the appellant waived this issue by failing to present it to the trial court. The failure to give appropriate credit for time served may be raised on direct appeal even in the absence of an objection in the trial court. Kio v. State, 624 So.2d 744, 748 (Fla. 1st DCA 1993); see also Yohn v. State, 461 So.2d 263 (Fla. 2d DCA 1984). We therefore affirm the judgments and sentences, but remand for correction of the credit given for time served.

FRANK, C.J., and FULMER, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

648 So. 2d 845, 1995 Fla. App. LEXIS 201, 1995 WL 15499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conyers-v-state-fladistctapp-1995.

Opinion

Related

Cite This Page — Counsel Stack