Martin v. State

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

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-fleet. 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.