ERIC SPIVEY v. THE STATE OF FLORIDA

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 2, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1647 Lower Tribunal No. F12-7599 ________________

Eric Spivey, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.

Eric Spivey, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

ON MOTION FOR REHEARING

PER CURIAM. Upon consideration of Appellant’s Motion for Rehearing, we grant

rehearing and withdraw the opinion of January 26, 2022, consider

Appellant’s timely filed initial brief and substitute the following opinion in its

place.

Affirmed. See Cregg v. State, 43 So. 3d 818, 821 (Fla. 1st DCA 2010)

(“When a consecutive sentence is pronounced, the defendant is not entitled

to credit for time served on an antecedent sentence.” (citing Daniels v. State,

491 So.2d 543, 545 (Fla.1986))).