Herrick v. State

District Court of Appeal of Florida

Herrick v. State

715 So. 2d 1172, 1998 Fla. App. LEXIS 11010, 1998 WL 543274

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1998

DocketNo. 97-3313

StatusPublished

This text of 715 So. 2d 1172 (Herrick 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

Herrick v. State, 715 So. 2d 1172, 1998 Fla. App. LEXIS 11010, 1998 WL 543274 (Fla. Ct. App. 1998).

Pincite

Opinion

HARRIS, Judge.

Herrick contends on this appeal that the court erred in not giving him credit for the time he spent on community control awaiting resentencing after our reversal of the downward departure sentence he originally received. See State, v. Herrick, 691 So.2d 540 (Fla. 5th DCA 1997). He relies on Fraser v. State, 602 So.2d 1299 (Fla.1992).

Although we find Fraser to be distinguishable from the ease herein, we affirm the sentence for another reason. Upon remand from our previous reversal, Herrick, instead of choosing to go to trial, again accepted a negotiated plea with the State. In that plea, the State agreed to a low-end sentence and Herrick agreed that the court could use its discretion in determining how much credit he should receive for the time he had previously spent on community control. The court granted him half credit and we find no abuse of discretion.

AFFIRMED.

DAUKSCH and THOMPSON, JJ., concur.

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

HARRIS, Judge.

Herrick contends on this appeal that the court erred in not giving him credit for the time he spent on community control awaiting resentencing after our reversal of the downward departure sentence he originally received. See State, v. Herrick, 691 So.2d 540 (Fla. 5th DCA 1997). He relies on Fraser v. State, 602 So.2d 1299 (Fla.1992).

Although we find Fraser to be distinguishable from the ease herein, we affirm the sentence for another reason. Upon remand from our previous reversal, Herrick, instead of choosing to go to trial, again accepted a negotiated plea with the State. In that plea, the State agreed to a low-end sentence and Herrick agreed that the court could use its discretion in determining how much credit he should receive for the time he had previously spent on community control. The court granted him half credit and we find no abuse of discretion.

AFFIRMED.

DAUKSCH and THOMPSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

715 So. 2d 1172, 1998 Fla. App. LEXIS 11010, 1998 WL 543274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrick-v-state-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack