Higgs v. State of Florida

District Court of Appeal of Florida

Higgs v. State of Florida

718 So. 2d 377, 1998 Fla. App. LEXIS 12464, 1998 WL 689940

CourtDistrict Court of Appeal of Florida

DecidedOctober 7, 1998

DocketNo. 98-979

StatusPublished

This text of 718 So. 2d 377 (Higgs v. State of Florida) 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

Higgs v. State of Florida, 718 So. 2d 377, 1998 Fla. App. LEXIS 12464, 1998 WL 689940 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

Paul W. Higgs filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking an award of four hundred fifty (450) days of credit time served. The trial judge granted a total of three hundred twenty four (324) days. Higgs appeals.

The State has provided the actual dates of Higgs’ incarceration for which he should be credited and concedes that thé trial court erred. The State takes the position that the defendant is entitled to three hundred fifty three (353) days of credit for time served. Upon review of the record, we agree with the State’s position.

We reverse the ruling of the trial court and remand with instructions to award three hundred fifty three (353) days of credit for time served.

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PER CURIAM.

Paul W. Higgs filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking an award of four hundred fifty (450) days of credit time served. The trial judge granted a total of three hundred twenty four (324) days. Higgs appeals.

The State has provided the actual dates of Higgs’ incarceration for which he should be credited and concedes that thé trial court erred. The State takes the position that the defendant is entitled to three hundred fifty three (353) days of credit for time served. Upon review of the record, we agree with the State’s position.

We reverse the ruling of the trial court and remand with instructions to award three hundred fifty three (353) days of credit for time served.

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Bluebook (online)

718 So. 2d 377, 1998 Fla. App. LEXIS 12464, 1998 WL 689940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgs-v-state-of-florida-fladistctapp-1998.