EUGENE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EUGENE HALL, APPELLANT,
STATE OF FLORIDA, APPELLEE
675 So. 2d 712
Florida District Court of Appeal, Fifth District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
W. SHARP, Judge.
Hall appeals from his judgment and sentence for improper exhibition of a weapon,1 and resisting an officer without violence.2 We affirm in all respects, except for the small discrepancy in the number of days credit for time served to which Hall was entitled. The court initially said Hall was entitled to 116 days, but when imposing sentence, gave Hall credit for only 114 days. The court minute form, which apparently serves as the sentence form gives Hall 114 days credit. Thus, we remand this cause to the trial court to resolve this discrepancy. See Aquino v. State, 661 So. 2d 424 (Fla. 5th DCA 1995).
PETERSON, C.J., and ANTOON, J., concur. . § 790.10, Fla. Stat. (1993).
. § 843.02, Fla. Stat. (1993).
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Citator
Cited By
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Spioch v. State, 954 So. 2d 47 (Fla. 5th DCA 2007)…in a custodial relationship, and twenty-three counts of lewd and lascivious assault on a minor. The trial court granted Spioch’s motion for a new trial on the five sexual activity counts. The State appealed and this court affirmed. State v. Spioch, 675 So. 2d 712 (Fla. 5th DCA 1996). The trial court had deferred sentencing until after the appeal. After remand from this court, the State entered a nolle prose-qui of the five counts relating to sexual activity with a minor, which left the twenty-three counts o…
Authorities Cited
- Toney R. Phillips v. State, 661 So. 2d 424 (Fla. 5th DCA 1995)