KERN RON DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
KERN RON DAVIS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
518 So. 2d 966
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
As the state concedes, the sentence on appeal, which was imposed pursuant to a revocation of probation, erroneously failed to give the defendant credit for the time previously served as a condition of the original term of probation. See Ivey v. State, 327 So. 2d 219 (Fla.1976). Accordingly, after remand, the trial court will determine the period actually served by the defendant in this respect and grant him credit for that time. In addition, the order of revocation shall be amended to strike the reference to a violation of “condition (2)” of the probationary order which, since the trial court specifically acquitted the defendant of that charge, was mistakenly included. See Diaz v. State, 445 So. 2d 619 (Fla. 3d DCA 1984).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988)…at the state conceded there was no evidence to support that finding. Furthermore, the trial court found that the violation of probation was based only on defendant’s failure to submit monthly reports and on the sale of marijuana, see Davis v. State, 518 So. 2d 966 (Fla. 3d DCA 1988), but not on resisting arrest. VACATED AND REMANDED.…
Authorities Cited
- Ivey v. State, 327 So. 2d 219 (Fla. 1976)
- Diaz v. State, 445 So. 2d 619 (Fla. 3d DCA 1984)