Humes v. State

District Court of Appeal of Florida

Humes v. State

578 So. 2d 317, 1991 Fla. App. LEXIS 2348, 1991 WL 35333

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1991

DocketNo. 90-1089

StatusPublished

This text of 578 So. 2d 317 (Humes 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

Humes v. State, 578 So. 2d 317, 1991 Fla. App. LEXIS 2348, 1991 WL 35333 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Based upon the State’s concession that the trial court erred in failing to credit the defendant with an appropriate amount of time served when it re-sentenced him after revocation of his probation, this cause must be remanded to the trial court for the purpose of allowing the trial court to re-calculate the amount of time served for which the defendant must receive credit.

Because the errors that the appellant claims the trial court committed, in imposing the sentences that resulted from the plea bargain entered into by the appellant herein, do not render the original sentences void, the raising of these points now, several years after the imposition of the sentences in question, is, at best, untimely. See Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982).

Affirmed.

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

PER CURIAM.

Based upon the State’s concession that the trial court erred in failing to credit the defendant with an appropriate amount of time served when it re-sentenced him after revocation of his probation, this cause must be remanded to the trial court for the purpose of allowing the trial court to re-calculate the amount of time served for which the defendant must receive credit.

Because the errors that the appellant claims the trial court committed, in imposing the sentences that resulted from the plea bargain entered into by the appellant herein, do not render the original sentences void, the raising of these points now, several years after the imposition of the sentences in question, is, at best, untimely. See Gallagher v. State, 421 So.2d 581 (Fla. 5th DCA 1982).

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

578 So. 2d 317, 1991 Fla. App. LEXIS 2348, 1991 WL 35333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humes-v-state-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack