JOSE ARAZO A/K/A JOSE ACORES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE ARAZO A/K/A JOSE ACORES, APPELLANT,
STATE OF FLORIDA, APPELLEE
682 So. 2d 570
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Jose Arazo appeals the trial court’s summary denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.800(a). We find the trial court erred in refusing to give him credit for time previously served in the incarcerative portion of his split sentence, including earned gain time. Accordingly, we reverse and remand for resentencing consistent with Tripp v. State, 622 So. 2d 941 (Fla.1993).
WEBSTER, MICKLE and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ryan v. State, 768 So. 2d 19 (Fla. 3d DCA 2000)…d to discharge: “A defendant not brought to trial within the [recapture] period through no fault of the defendant, on motion of the defendant, or the court, shall be forever discharged from the crime.” Fla. R.Crim. P. 3.191(p). See Mercer v. Musleh, 682 So. 2d 570 (Fla. 5th DCA 1996); Rivas v. Oppenbom, 605 So. 2d 516 (Fla. 3d DCA 1992)(absent waiver defendant entitled to discharge where the speedy trial time including the 15-day window had lapsed without defendant being brought to trial). Defendant’s request…
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Hajal v. State, 864 So. 2d 1167 (Fla. 5th DCA 2004)…adequate notice, the state failed to establish that his absence was good grounds for extending the speedy trial deadline. PETITION GRANTED; REMANDED. SAWAYA, C.J., and MONACO, J., concur. . Prohibition is available as a remedy. Mercer v. Musleh, 682 So. 2d 570 (Fla. 5th DCA 1996); Underwood v. Johnson, 651 So. 2d 760 (Fla. 1st DCA 1995); Lasker v. Parker, 513 So. 2d 1374 (Fla. 2d DCA 1987). . In Marion County Case No. 02-4340, Petitioner is charged with a continuing criminal enterprise. In Case No. 02-43…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)