Raines v. State

462 So. 2d 1160, 9 Fla. L. Weekly 2503, 1984 Fla. App. LEXIS 16722
Procedural entryThis page is a short order in Raines v. State. Read the opinion of the Court — 445 So. 2d 408
District Court of Appeal of Florida·Decided November 29, 1984·No. No. 84-151·Published

Opinion

COBB, Chief Judge.

The appellant, James Milton Raines, upon revocation of a split sentence probation, was sentenced to twelve concurrent years imprisonment on each of four burglary counts, but was not credited with prior jail time served preceding probation. Clearly, this is improper under State v. Jones, 327 So.2d 18 (Fla.1976), and can be raised for the first time on appeal under State v. Rhoden, 448 So.2d 1013 (Fla.1984).

The sentence is reversed and remanded for correction in accordance with Jones.

REVERSED and REMANDED.

FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur.

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Raines v. State, 462 So. 2d 1160, 9 Fla. L. Weekly 2503, 1984 Fla. App. LEXIS 16722 (Fla. Ct. App. 1984).

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Related

State v. Rhoden
448 So. 2d 1013 (Supreme Court of Florida, 1984)
State v. Jones
327 So. 2d 18 (Supreme Court of Florida, 1976)