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Kilgore v. State

597 So. 2d 970, 1992 Fla. App. LEXIS 5475, 1992 WL 98242
CourtDistrict Court of Appeal of Florida
DecidedMay 12, 1992
DocketNo. 92-47
StatusPublished
Cited by1 cases

This text of 597 So. 2d 970 (Kilgore 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
Kilgore v. State, 597 So. 2d 970, 1992 Fla. App. LEXIS 5475, 1992 WL 98242 (Fla. Ct. App. 1992).

Opinion

PER CURIAM.

Scott Kilgore appeals from sentences entered following the revocation of his probation. Upon the State’s proper confession of error, we reverse the sentence imposed for petit theft as it exceeds the statutory maximum, and remand for resentencing in accordance with section 775.082(4)(b), Florida Statutes (1989). Upon resentencing, the trial court shall recompute credit for time served to include the gain time that defendant earned while imprisoned. State v. Green, 547 So.2d 925 (Fla.1989) (when computing time served for credit against sentence imposed after revocation of probation, defendant’s earned gain time must be included).

Reversed and remanded with directions.

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Related

Stevenson v. State
614 So. 2d 10 (District Court of Appeal of Florida, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
597 So. 2d 970, 1992 Fla. App. LEXIS 5475, 1992 WL 98242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kilgore-v-state-fladistctapp-1992.