BARBARA ELIZABETH AVERILL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1989-02-09
No. 88-798
SHARP, C.J., and DANIEL, J., concur.
537 So. 2d 1138 Florida District Court of Appeal, Fifth District (1989) Caution
Cited by 8 cases
Opinion of the Court
COBB, Judge.

COBB, Judge.

In the instant case the appellant, Barbara E. Averill, challenges the sufficiency of the evidence to support revocation of her probation and also contends that her re-commitment sentence fails to reflect credit for time previously served on the incarcera-tive portion of her split sentence preceding probation. We affirm the revocation but find that the trial court failed to properly credit appellant with time previously served, a point conceded by the state. Accordingly, we remand for resentencing with full credit for time previously served. See Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988).

SHARP, C.J., and DANIEL, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1994)
    …had previously engaged in sexual intercourse with persons other than the defendant. § 794.-022(2), Fla.Stat. (1993); McGriff v. State, 601 So. 2d 1320 (Fla. 2d DCA 1992); In the Interest of K.C., 582 So. 2d 741 (Fla. 4th DCA 1991); Skipper v. State, 537 So. 2d 1138 (Fla. 5th DCA 1989); Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985), review denied, 488 So. 2d 831 (Fla.1986). Here, the nurse practitioner testified that the physical findings of intercourse could have occurred anytime in the preceding three year…
  • Schwarck v. State, 568 So. 2d 1326 (Fla. 3d DCA 1990)
    …ation by ordinary discovery methods. 2. The examining physician’s testimony was relevant to the extent that it showed that the victim’s condition was consistent with having been sexually molested by the defendant as she described. Skipper v. State, 537 So. 2d 1138 (Fla. 5th DCA 1989) and Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985), rev. denied, 488 So. 2d 831 (Fla.1986), relied upon by the defendant, are inapposite because in this case the defendant was specifically permitted to show during cross-examina…
  • McGRIFF v. State, 601 So. 2d 1320 (Fla. 2d DCA 1992)
    …younger for the purpose of attempting to show that the defendant was not the source of the victim’s injury where there is testimony about the victim’s abnormal genitalia. In the Interest of K.C., 582 So. 2d 741 (Fla. 4th DCA 1991); Skipper v. State, 537 So. 2d 1138 (Fla. 5th DCA 1989); Sadler v. State, 509 So. 2d 1139 (Fla. 5th DCA 1987); Deel v. State, 481 So. 2d 15 (Fla. 5th DCA 1985), review denied, 488 So. 2d 831 (Fla.1986). Generally, the refusal of the trial court to allow a proffer prevents a determinat…

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