Thurman v. State

District Court of Appeal of Florida

Thurman v. State

811 So. 2d 872, 2002 Fla. App. LEXIS 4262, 2002 WL 491879

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 2002

DocketNo. 3D01-3521

StatusPublished

This text of 811 So. 2d 872 (Thurman 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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Thurman v. State, 811 So. 2d 872, 2002 Fla. App. LEXIS 4262, 2002 WL 491879 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

As the state candidly concedes, the defendant’s rule 3.800 motion for additional credit for time served was incorrectly denied below, see State v. Mancino, 714 So.2d 429 (Fla.1998), because the court records, including the defendant’s jail card, see Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999), demonstrate on their face that he was in fact entitled to an additional [873]*873364 days credit for the time he served in the Dade county jail prior to the revocation of probation upon which he was eventually sentenced to the state prison. Mancino, 714 So.2d at 429; Hidalgo, 729 So.2d at 984. The order under review is therefore reversed and the cause remanded to effect this additional credit.

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PER CURIAM.

As the state candidly concedes, the defendant’s rule 3.800 motion for additional credit for time served was incorrectly denied below, see State v. Mancino, 714 So.2d 429 (Fla.1998), because the court records, including the defendant’s jail card, see Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999), demonstrate on their face that he was in fact entitled to an additional [873]*873364 days credit for the time he served in the Dade county jail prior to the revocation of probation upon which he was eventually sentenced to the state prison. Mancino, 714 So.2d at 429; Hidalgo, 729 So.2d at 984. The order under review is therefore reversed and the cause remanded to effect this additional credit.

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Bluebook (online)

811 So. 2d 872, 2002 Fla. App. LEXIS 4262, 2002 WL 491879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thurman-v-state-fladistctapp-2002.

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