GABRIEL DIAZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
GABRIEL DIAZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
695 So. 2d 950
Florida District Court of Appeal, Third District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant, (“Diaz”), appeals trial court’s refusal to award any jail credit time for time served prior to sentencing. On the state’s proper confession of error, we find that the trial court erred when it sentenced Diaz and failed to indicate on the sentencing order that he was entitled to receive credit for time served prior to sentencing. See § 921.161(1), Fla. Stat. (1994); Munch v. State, 634 So. 2d 679 (Fla. 5th DCA 1994).
Accordingly, on remand, the trial court shall grant Diaz credit for time previously served before sentencing.
Reversed and remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Perez v. State, 709 So. 2d 158 (Fla. 5th DCA 1998)…ence of guilt. However, it is per se reversible error to refuse to give an instruction on an offense one step removed from the offense of which the defendant was ultimately convicted. State v. Abreau, 363 So. 2d 1063 (Fla.1978). See Torres v. State, 695 So. 2d 950 (Fla. 3d DCA 1997) (reversing conviction for trafficking because of failure to give instruction on simple possession); Williams v. State, 594 So. 2d 824 (Fla. 3d DCA 1992) (sale of cocaine is only one step removed from trafficking in more than 400 g…
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Diaz v. State, 741 So. 2d 1263 (Fla. 3d DCA 1999)…review of the record, the professional position taken in this case by the State of Florida acknowledging the merits of the appellant’s motion which was denied by the trial court (and from which this appeal arises), and the holding in Diaz v. State, 695 So. 2d 950 (Fla. 3d DCA 1997), the Order denying the defendant’s motion for credit for time served prior to sentencing is reversed and this cause is remanded to the trial court with directions to grant defendant the credit for the appropriate amount of time se…
Authorities Cited
- Munch v. State, 634 So. 2d 679 (Fla. 5th DCA 1994)