Velez v. State

District Court of Appeal of Florida

Velez v. State

516 So. 2d 319, 12 Fla. L. Weekly 2830, 1987 Fla. App. LEXIS 11478, 1987 WL 2581

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1987

DocketNo. 86-1771

StatusPublished

This text of 516 So. 2d 319 (Velez 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

Velez v. State, 516 So. 2d 319, 12 Fla. L. Weekly 2830, 1987 Fla. App. LEXIS 11478, 1987 WL 2581 (Fla. Ct. App. 1987).

Pincite

Opinion

THREADGILL, Judge.

Appellant was sentenced according to guidelines in effect at the time of sentencing rather than those in effect at the time of his offense. The state agrees that as interpreted recently by the Supreme Court in Miller v. Florida, 482 U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987) this was in violation of the ex post facto prohibition of the United States Constitution.

Appellant also argues that the court should have given him credit for the time served on the sentence when he was resen-tenced after violation of probation. This court has clearly stated that a defendant is entitled to credit for all time spent in jail prior to sentence on his offense. Ault v. State, 415 So.2d 147 (Fla. 2d DCA 1982). See also Wright v. State, 355 So.2d 870 (Fla. 2d DCA 1978).

Reversed and remanded for resentenc-ing.

DANAHY, C.J., and RYDER, J., concur.

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