BRIAN BROXSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals from a judgment and sentence imposed after the revocation of his probation. We affirm the judgment but remand the case for correction of sentence.
At the sentencing hearing, counsel for appellant requested that the court give appellant credit for the two and one-half months time which he spend in the county jail on this violation of probation charge. The sentence imposed did not credit appellant for any time incarcerated prior to imposition of sentence. A sentencing court is required under Section 921.161(1), Florida Statutes (1979), to credit a defendant with all time spent in the county jail before sentence. Hutchinson v. State, 360 So. 2d 1160, 1161 (Fla. 1st DCA 1978). Accordingly, we remand the case to the trial court for correction of sentence. Appellant need not be present for this purpose.
BOOTH, SHAW and WENTWORTH, JJ., concur.
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Brookings v. State, 495 So. 2d 135 (Fla. 1986)…fense’s questioning of Nelms on this point. If the prosecution had elicited explicit testimony from Lowery concerning the polygraph examination there might be some basis for appellant’s position but this did not happen here. See Bollinger v. State, 402 So. 2d 570 (Fla. 1st DCA 1981); Kaminski. In Sullivan, one of the state’s key witnesses testified that he would “have to have taken a polygraph test and passed it” under his plea agreement. The witness made only this one reference to a polygraph in front of t…
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Yopp v. State, 422 So. 2d 1061 (Fla. 2d DCA 1982)…t appellant for time served in county jail prior to imposition of sentence. A sentencing court is required under section 921.161(1), Florida Statutes (1981), to credit a defendant with all time spent in county jail before sentence. Bronson v. State, 402 So. 2d 570 (Fla. 1st DCA 1981). Accordingly, we re [*1062] mand the case to the trial court for correction of sentence. OTT, C.J., and BOARDMAN and DAN-AHY, JJ., concur.…
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- Lavonia Dewitt Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978)