Martin v. State

District Court of Appeal of Florida

Martin v. State

680 So. 2d 454, 1996 Fla. App. LEXIS 365, 1996 WL 17270

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 1996

DocketNo. 95-832

StatusPublished

Cited by1 cases

This text of 680 So. 2d 454 (Martin 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

Martin v. State, 680 So. 2d 454, 1996 Fla. App. LEXIS 365, 1996 WL 17270 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

Appellant is not entitled to credit for time served in various probation and restitution centers. See Smith v. State, 619 So.2d 994 (Fla. 3d DCA 1993); Turner v. State, 395 So.2d 1242 (Fla. 1st DCA 1981). However, the judgment must be corrected to reflect conviction of a third-degree felony rather than a second-degree felony. Finally, the trial court erroneously revoked appellant’s probation and sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so re-[455]*455fleet. Appellant need not be present for correction of Ms sentence. Davis v. State, 387 So.2d 490 (Fla. 1st DCA 1980). Judgment affirmed; sentence vacated in part and remanded for correction.

BOOTH, JOANOS and BENTON, JJ., concur.

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PER CURIAM.

Appellant is not entitled to credit for time served in various probation and restitution centers. See Smith v. State, 619 So.2d 994 (Fla. 3d DCA 1993); Turner v. State, 395 So.2d 1242 (Fla. 1st DCA 1981). However, the judgment must be corrected to reflect conviction of a third-degree felony rather than a second-degree felony. Finally, the trial court erroneously revoked appellant’s probation and sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so re-[455]*455fleet. Appellant need not be present for correction of Ms sentence. Davis v. State, 387 So.2d 490 (Fla. 1st DCA 1980). Judgment affirmed; sentence vacated in part and remanded for correction.

BOOTH, JOANOS and BENTON, JJ., concur.

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Bluebook (online)

680 So. 2d 454, 1996 Fla. App. LEXIS 365, 1996 WL 17270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-state-fladistctapp-1996.

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