EDMOND L. GOODMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDMOND L. GOODMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
683 So. 2d 173
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We previously reversed appellant’s sentence; however, on resentencing the trial court failed to award him credit for prison time served or gain time between sentencing and resentencing. We agree that the court was required to do so under Moore v. State, 634 So. 2d 214 (Fla. 4th DCA 1994), and therefore reverse.
KLEIN and GROSS, JJ., and GERSTEN, CAROL R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reed v. State, 789 So. 2d 479 (Fla. 4th DCA 2001)…tion for post conviction relief under rule 3.850. As to the resentenc-ing under the Heggs issue, the trial judge erred in failing to give defendant credit for prison time served between the original sentencing and the resentencing. Goodman v. State, 683 So. 2d 173 (Fla. 4th DCA 1996). Additionally, the trial court failed either to conduct an evidentiary hearing on the ineffective assistance of counsel claims or, instead, attach portions of the record conclusively showing that defendant is entitled to no such…
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Smith v. State, 691 So. 2d 606 (Fla. 4th DCA 1997)…he mandate. We find that appellant was entitled to such credit and remand to the [*607] trial court to award appellant credit for time served while awaiting resentencing. Moore v. State, 634 So. 2d 214 (Fla. 4th DCA 1994); see also Goodman v. State, 683 So. 2d 173 (Fla. 4th DCA 1996). Appellant need not be present for this calculation and correction to take place. See Moore; Simari v. State, 309 So. 2d 183 (Fla. 1st DCA 1976), dismissed, 328 So. 2d 844 (Fla.1976). AFFIRMED, REMANDED. KLEIN, PARIENTE and S…
Authorities Cited
- Moore v. State, 634 So. 2d 214 (Fla. 4th DCA 1994)