LUIS ANTONIO NIEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-01-14
No. 93-142
HARRIS, C.J., GRIFFIN and DIAMANTIS, JJ., concur.
630 So. 2d 658 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Owing no doubt to the large number and variety of appellant’s offenses, it appears there are certain errors in sentencing that require correction. Appellant was erroneously sentenced on Count III in Case 92-76 because the court had failed to sentence him on that count at his first sentencing. He thus could not be resentenced on that count for violating probation. He must receive a legal sentence nunc pro tunc to March 24, 1992. Aso, in case No. 91-1871, the court should have imposed the legal portion of the original sentence, which was four years, not five. The remaining sentences appear correct.1

Judgment AFFIRMED; sentences VACATED in part and REMANDED.

HARRIS, C.J., GRIFFIN and DIAMANTIS, JJ., concur. . Appellant's claim for time served credit has no merit.

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    …n 944.275, Florida Statutes (1991). See State v. Green, 547 So. 2d 925 (Fla.1989). See also Walters v. State, 630 So. 2d 1234 (Fla. 2d DCA 1994). We also agree that pursuant to Summers v. State, 625 So. 2d 876 (Fla. 2d DCA 1993) and Foley v. State, 630 So. 2d 658 (Fla. 2d DCA 1994), Jackson is entitled to credit in Count I for the time previously spent on probation because the total probationary sentences imposed for Count I exceed the fifteen-year statutory maximum. Although Jackson does not raise this poi…
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