Norman v. State

District Court of Appeal of Florida

Norman v. State

485 So. 2d 44, 11 Fla. L. Weekly 706, 1986 Fla. App. LEXIS 6989

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1986

DocketNo. 85-1074

StatusPublished

Cited by1 cases

This text of 485 So. 2d 44 (Norman 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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Norman v. State, 485 So. 2d 44, 11 Fla. L. Weekly 706, 1986 Fla. App. LEXIS 6989 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

The appellant, Bailey Norman, was adjudicated guilty of grand theft upon an entry of a guilty plea. After violating two sequentially imposed probations, the appellant was sentenced to five years incarceration with 148 days credit for time served. However, the appellant has raised on appeal the issue that he received an improper amount of credit time. He is entitled to receive credit for time spent in county jail awaiting sentence, section 921.161(1), Florida Statutes Annotated (1985), Yopp v. State, 422 So.2d 1061 (Fla. 2d DCA 1982); and time served as a condition of probation. Hutchinson v. State, 360 So.2d 1160 (Fla. 1st DCA 1978); Hernandez v. State, 396 So.2d 809 (Fla. 5th DCA 1981). This due credit has been shown by the appellant to vary from the credit granted.

Therefore, we affirm the judgment and sentence of the lower court, but remand for the trial court to determine the appropriate credit time of appellant and set forth such time by order.

Affirmed, but remanded with instructions.

RYDER, C.J., and SCHOONOVER and LEHAN, JJ., concur.

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PER CURIAM.

The appellant, Bailey Norman, was adjudicated guilty of grand theft upon an entry of a guilty plea. After violating two sequentially imposed probations, the appellant was sentenced to five years incarceration with 148 days credit for time served. However, the appellant has raised on appeal the issue that he received an improper amount of credit time. He is entitled to receive credit for time spent in county jail awaiting sentence, section 921.161(1), Florida Statutes Annotated (1985), Yopp v. State, 422 So.2d 1061 (Fla. 2d DCA 1982); and time served as a condition of probation. Hutchinson v. State, 360 So.2d 1160 (Fla. 1st DCA 1978); Hernandez v. State, 396 So.2d 809 (Fla. 5th DCA 1981). This due credit has been shown by the appellant to vary from the credit granted.

Therefore, we affirm the judgment and sentence of the lower court, but remand for the trial court to determine the appropriate credit time of appellant and set forth such time by order.

Affirmed, but remanded with instructions.

RYDER, C.J., and SCHOONOVER and LEHAN, JJ., concur.

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485 So. 2d 44, 11 Fla. L. Weekly 706, 1986 Fla. App. LEXIS 6989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norman-v-state-fladistctapp-1986.

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