Waters v. Wainwright

District Court of Appeal of Florida

Waters v. Wainwright

316 So. 2d 588, 1975 Fla. App. LEXIS 14172

CourtDistrict Court of Appeal of Florida

DecidedJuly 31, 1975

DocketNo. 74-774

StatusPublished

Cited by3 cases

This text of 316 So. 2d 588 (Waters v. Wainwright) 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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Waters v. Wainwright, 316 So. 2d 588, 1975 Fla. App. LEXIS 14172 (Fla. Ct. App. 1975).

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Opinion

WALDEN, Chief Judge.

This is an appeal from a judgment and sentence for armed robbery entered upon a jury verdict of guilty. We have reviewed the record, and find adequate evidence to support this conviction. Though witness testimony may conflict, the determination of the credibility of witnesses is exclusively the province of the jury. Jefferson v. State, 298 So.2d 465 (3d DCA Fla.1974). We affirm the judgment.

Defendant complains he was sentenced without being given credit for time served as prescribed in Fla.Stat. § 921.-161(1). Said statute requires that the trial court

“shall allow a defendant credit for all of the time he spent in the county jail before sentence.”

In light of the requirements of this statute, we vacate the sentence and remand with respectful instructions to resentence defendant giving him credit for time served in the county jail. Hamilton State, 306 So.2d 600 (2d DCA Fla.1975); Hollingshead v. State, 292 So.2d 617 (1st DCA Fla.1974).

Affirmed in part, reversed in part, with directions.

OWEN and CROSS, JJ., concur.

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