Xiques v. State

District Court of Appeal of Florida

Xiques v. State

369 So. 2d 1007, 1979 Fla. App. LEXIS 14415

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1979

DocketNo. 78-181

StatusPublished

Cited by2 cases

This text of 369 So. 2d 1007 (Xiques 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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Xiques v. State, 369 So. 2d 1007, 1979 Fla. App. LEXIS 14415 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Emilio Xiques, Jr., appeals the summary denial of his motion for credit reduction of sentence brought pursuant to Fla.R.Crim.P. 3.850. In his motion appellant sought to have the trial judge credit his sentence with time served before the date he was sentenced. We reverse.

The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1977). Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975).

The order denying appellant relief on his motion is reversed, and the case is remanded for correction of the sentence.

GRIMES, C. J., and RYDER and DAN-AHY, JJ., concur.

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