Mott v. State

District Court of Appeal of Florida

Mott v. State

458 So. 2d 1206, 9 Fla. L. Weekly 2391, 1984 Fla. App. LEXIS 16571

CourtDistrict Court of Appeal of Florida

DecidedNovember 15, 1984

DocketNo. AX-264

StatusPublished

Cited by1 cases

This text of 458 So. 2d 1206 (Mott 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

Mott v. State, 458 So. 2d 1206, 9 Fla. L. Weekly 2391, 1984 Fla. App. LEXIS 16571 (Fla. Ct. App. 1984).

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Opinion

WIGGINTON, Judge.

Appellant has brought this appeal seeking credit for jail time previously served in case number 81-288-CF. In that case, after being adjudicated guilty of forgery and uttering a forged instrument, in October, 1981, appellant was sentenced to two concurrent terms of five years probation, conditioned on serving the first 364 days in county jail.

After being released from jail and being placed on probation pursuant to those sentences, appellant was arrested on another charge in case number 83-844-GF. That charge gave rise to a charge of revocation of probation in case number 81-288. As a result, in case number 81-288, the judge, pursuant to a plea, sentenced appellant to two concurrent thirty month terms for the two counts on the revocation charge and, in case number 83-844, he sentenced appellant to a third thirty month term on the charge in case number 83-844 to run consecutively to the terms to be served in case number 81-288. No credit was given in case number 81-288 for jail time previously served in that case.

As the state concedes, appellant is entitled to credit on the concurrent sentences for time served in case number 81-288. James v. State, 443 So.2d 510 (Fla. 1st DCA 1984); Polk v. State, 418 So.2d 388 (Fla. 1st DCA 1982); Wargo v. State, 393 So.2d 3 (Fla. 1st DCA 1980). Therefore, we remand to the trial court for entry of a new sentencing order in case number 81-288, reflecting proper credit for jail time previously served in that case.

JOANOS and BARFIELD, JJ„ concur.

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WIGGINTON, Judge.

Appellant has brought this appeal seeking credit for jail time previously served in case number 81-288-CF. In that case, after being adjudicated guilty of forgery and uttering a forged instrument, in October, 1981, appellant was sentenced to two concurrent terms of five years probation, conditioned on serving the first 364 days in county jail.

After being released from jail and being placed on probation pursuant to those sentences, appellant was arrested on another charge in case number 83-844-GF. That charge gave rise to a charge of revocation of probation in case number 81-288. As a result, in case number 81-288, the judge, pursuant to a plea, sentenced appellant to two concurrent thirty month terms for the two counts on the revocation charge and, in case number 83-844, he sentenced appellant to a third thirty month term on the charge in case number 83-844 to run consecutively to the terms to be served in case number 81-288. No credit was given in case number 81-288 for jail time previously served in that case.

As the state concedes, appellant is entitled to credit on the concurrent sentences for time served in case number 81-288. James v. State, 443 So.2d 510 (Fla. 1st DCA 1984); Polk v. State, 418 So.2d 388 (Fla. 1st DCA 1982); Wargo v. State, 393 So.2d 3 (Fla. 1st DCA 1980). Therefore, we remand to the trial court for entry of a new sentencing order in case number 81-288, reflecting proper credit for jail time previously served in that case.

JOANOS and BARFIELD, JJ„ concur.

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Bluebook (online)

458 So. 2d 1206, 9 Fla. L. Weekly 2391, 1984 Fla. App. LEXIS 16571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mott-v-state-fladistctapp-1984.

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