WARREN T. YOPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WARREN T. YOPP, APPELLANT,
STATE OF FLORIDA, APPELLEE
422 So. 2d 1061
Florida District Court of Appeal, Second District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant seeks review of a judgment and sentence imposed pursuant to the charge of shooting into a building in violation of section 790.19, Florida Statutes (1981). We affirm the judgment, but remand the case for correction of sentence.
The sentence imposed did not credit 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 mand the case to the trial court for correction of sentence.
OTT, C.J., and BOARDMAN and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bailey Talmich Norman v. State, 485 So. 2d 44 (Fla. 2d DCA 1986)…the appellant has raised on appeal the issue that he received an improper amount of credit time. He is entitled to receive credit for time spent in county jail awaiting sentence, section 921.161(1), Florida Statutes Annotated (1985), Yopp v. State, 422 So. 2d 1061 (Fla. 2d DCA 1982); and time served as a condition of probation. Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978); Hernandez v. State, 396 So. 2d 809 (Fla. 5th DCA 1981). This due credit has been shown by the appellant to vary from the credi…
Authorities Cited
- Broxson v. State, 402 So. 2d 570 (Fla. 1st DCA 1981)
- Bollinger v. State, 402 So. 2d 570 (Fla. 1st DCA 1981)