SERGIO FERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This appeal follows the denial of Sergio Fernandez’ motion for correction of illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a).
We reverse the order under review and remand for correction of Fernandez’ sentence. Here, as the state concedes, the 327 days of credit for time served as ordered by the trial court was inconsistent with the judge’s earlier determination granting 367 days of credit to Fernandez 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 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tucker v. State, 679 So. 2d 1261 (Fla. 2d DCA 1996)…hough Tucker is no longer in custody for the cases under review, he is in custody on other charges and is entitled to have the court records accurately reflect the total time he served in prison for the two cases in question. See Fernandez v. State, 669 So. 2d 1134 (Fla. 3d DCA 1996). Reversed and remanded. THREADGILL, C.J., and DANAHY and BLUE, JJ., concur.…
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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
- Lewey v. LEE, 566 So. 2d 526 (Fla. 4th DCA 1990)