Rodas v. State

65 So. 3d 98, 2011 Fla. App. LEXIS 9650, 2011 WL 2473050
CourtDistrict Court of Appeal of Florida
DecidedJune 23, 2011
Docket1D11-0047
StatusPublished

This text of 65 So. 3d 98 (Rodas 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
Rodas v. State, 65 So. 3d 98, 2011 Fla. App. LEXIS 9650, 2011 WL 2473050 (Fla. Ct. App. 2011).

Opinion

PER CURIAM.

The appellant claims that he was not awarded proper prior prison credit following resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). The state has conceded that the matter should be reversed and remanded. We therefore reverse and remand for the trial court to either attach documents conclusively refuting the appellant’s prison credit claim, or for the court to award the appellant the credit he seeks. See Davidson v. State, 780 So.2d 984 (Fla. 1st DCA 2001) (stating that upon resentencing a defendant is entitled to prison credit for time already served).

REVERSED AND REMANDED.

VAN NORTWICK, PADOVANO, and HAWKES, JJ., concur.

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Related

Heggs v. State
759 So. 2d 620 (Supreme Court of Florida, 2000)
Davidson v. State
780 So. 2d 984 (District Court of Appeal of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
65 So. 3d 98, 2011 Fla. App. LEXIS 9650, 2011 WL 2473050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodas-v-state-fladistctapp-2011.