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Rodriguez v. State

658 So. 2d 682, 1995 Fla. App. LEXIS 8861, 1995 WL 497181
Procedural entryThis page is a short order in Rodriguez v. State. Read the opinion of the Court — 610 So. 2d 476 →
District Court of Appeal of Florida·Decided August 23, 1995·No. No. 95-287·Published

Opinion

PER CURIAM.

The state concedes error in the trial court failing to credit the appellant with time served awaiting a probation hearing. See Reed v. State, 616 So.2d 592 (Fla. 4th DCA 1993); Morgan v. State, 528 So.2d 991 (Fla. 4th DCA 1988); Richards v. State, 521 So.2d 292 (Fla. 1st DCA 1988); McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); section 921.161(1), Florida Statutes. We also find error in failing to credit time served against community control rather than against probation. See and compare Fraser v. State, 602 So.2d 1299 (Fla.1992). Therefore the sentence of community control followed by probation is vacated and the matter is returned to the trial court for proper sentencing.

Reversed and remanded with directions.

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Rodriguez v. State, 658 So. 2d 682, 1995 Fla. App. LEXIS 8861, 1995 WL 497181 (Fla. Ct. App. 1995).

658 So. 2d 682 (Rodriguez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

McCray v. State
517 So. 2d 770 (District Court of Appeal of Florida, 1988)
Fraser v. State
602 So. 2d 1299 (Supreme Court of Florida, 1992)
Richards v. State
521 So. 2d 292 (District Court of Appeal of Florida, 1988)
Morgan v. State
528 So. 2d 991 (District Court of Appeal of Florida, 1988)
Reed v. State
616 So. 2d 592 (District Court of Appeal of Florida, 1993)