Murgia v. State

District Court of Appeal of Florida

Murgia v. State

661 So. 2d 962, 1995 Fla. App. LEXIS 11323, 1995 WL 623512

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1995

DocketNo. 95-1370

StatusPublished

Cited by1 cases

This text of 661 So. 2d 962 (Murgia 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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Murgia v. State, 661 So. 2d 962, 1995 Fla. App. LEXIS 11323, 1995 WL 623512 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

In 1992, the defendant entered into a negotiated plea for the possession of cocaine, a third-degree felony, § 893.13(l)(f), Fla.Stat. (1991), carrying a statutory maximum of five years imprisonment, § 775.082(3)(d), Fla. Stat. (1991). He was adjudicated guilty and placed on probation. Thereafter, the defendant was found guilty of four successive violations of probation for which he ultimately received sentences in excess of the term of five years. Furthermore, the trial court failed to credit defendant for time already served. This was error. State v. Summers, 642 So.2d 742 (Fla.1994); State v. Roundtree, 644 So.2d 1358 (Fla.1994). Accordingly, the trial court’s order of April 18, 1995 is vacated with directions that the defendant be resentenced with the trial court giving sufficient credit for time served, not exceeding a maximum of five years.

Vacated and remanded.

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PER CURIAM.

In 1992, the defendant entered into a negotiated plea for the possession of cocaine, a third-degree felony, § 893.13(l)(f), Fla.Stat. (1991), carrying a statutory maximum of five years imprisonment, § 775.082(3)(d), Fla. Stat. (1991). He was adjudicated guilty and placed on probation. Thereafter, the defendant was found guilty of four successive violations of probation for which he ultimately received sentences in excess of the term of five years. Furthermore, the trial court failed to credit defendant for time already served. This was error. State v. Summers, 642 So.2d 742 (Fla.1994); State v. Roundtree, 644 So.2d 1358 (Fla.1994). Accordingly, the trial court’s order of April 18, 1995 is vacated with directions that the defendant be resentenced with the trial court giving sufficient credit for time served, not exceeding a maximum of five years.

Vacated and remanded.

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661 So. 2d 962, 1995 Fla. App. LEXIS 11323, 1995 WL 623512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murgia-v-state-fladistctapp-1995.

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