Leach v. State

District Court of Appeal of Florida

Leach v. State

348 So. 2d 1218, 1977 Fla. App. LEXIS 15990

CourtDistrict Court of Appeal of Florida

DecidedJuly 26, 1977

DocketNo. 76-2177

StatusPublished

Cited by1 cases

This text of 348 So. 2d 1218 (Leach 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.

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Leach v. State, 348 So. 2d 1218, 1977 Fla. App. LEXIS 15990 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

We find no error in the trial of this case and affirm defendant’s conviction. In sentencing the defendant, however, the trial court failed to give the defendant credit for jail time already served while awaiting sentence. He is entitled to such credit although not to duplicate credit. McKnight v. State, 325 So.2d 79 (Fla. 4th DCA 1976). Upon remand the trial court is directed to determine whether defendant has, in fact, received credit for jail time served and if he has not, the court shall modify the sentence in this case accordingly.

AFFIRMED and REMANDED.

CROSS, ALDERMAN and DAUKSCH, JJ., concur.

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PER CURIAM.

We find no error in the trial of this case and affirm defendant’s conviction. In sentencing the defendant, however, the trial court failed to give the defendant credit for jail time already served while awaiting sentence. He is entitled to such credit although not to duplicate credit. McKnight v. State, 325 So.2d 79 (Fla. 4th DCA 1976). Upon remand the trial court is directed to determine whether defendant has, in fact, received credit for jail time served and if he has not, the court shall modify the sentence in this case accordingly.

AFFIRMED and REMANDED.

CROSS, ALDERMAN and DAUKSCH, JJ., concur.

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348 So. 2d 1218, 1977 Fla. App. LEXIS 15990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leach-v-state-fladistctapp-1977.

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