LEWEY V. LEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEWEY V. LEE, APPELLANT,
STATE OF FLORIDA, APPELLEE
566 So. 2d 526
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We treat the State’s Motion of Rehearing/Suggestion of Mootness as a motion for clarification. We grant the motion and clarify our opinion of July 11, 1990 as follows:
Although appellant is now out of jail, he is still entitled to have the court records accurately reflect the total time he served in jail. The trial court should credit appellant with the time he served for the original offense and the time he served awaiting the disposition of his violation of probation. Appellant need not be present when the trial court carries out our directions.
HERSEY, C.J., and ANSTEAD and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995)…ion alleging that because he was already in custody when he was charged in this case, he is entitled to jail credit from the date he was served with the capias on the new charges. Rule 3.800 is a proper vehicle for seeking jail credit, Lee v. State, 566 So. 2d 526 (Fla. 4th DCA 1990); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993), and under Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995), appellant is entitled to credit from the date he was served with the capias on the new charges. The trial court…
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Fernandez v. State, 669 So. 2d 1134 (Fla. 3d DCA 1996)…for the same conviction. While the defendant is no longer in custody as to the sentence under review, it is clear that the defendant is “still entitled to have court records accurately reflect the total time he [*1135] served in jañ.” Lee v. State, 566 So. 2d 526, 527 (Pla. 4th DCA 1990). Accordingly, the order under review is reversed and the cause remanded for correction of sentence.…
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State v. Wright, 27 So. 3d 760 (Fla. 3d DCA 2010)…PER CURIAM. Affirmed. See Fernandez v. State, 669 So. 2d 1134, 1134-35 (Fla. 3d DCA 1996); Tucker v. State, 679 So. 2d 1261, 1262 (Fla. 2d DCA 1996); Lee v. State, 566 So. 2d 526, 527 (Fla. 4th DCA 1990).…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)