JOHN T. ARKADILE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Judge.
John T. Arkadile appeals his sentences imposed upon remand by the federal court in a habeas corpus proceeding. He raises several issues on appeal, but we find merit only in his contention that he is entitled to 216 days credit for time served.
Arkadile’s original sentences for his convictions of aggravated battery and false imprisonment reflect 216 days credit for time served. However, the sentence he received for the false imprisonment conviction upon resentencing fails to reflect this credit.
Accordingly, we remand Arkadile’s sentence for false imprisonment for correction to reflect that Arkadile is entitled to 216 days credit for time served. Arkadile need not be present for resentencing. See Brainard v. State, 550 So. 2d 78 (Fla. 2d DCA 1989). In all other respects, we affirm.
DANAHY, A.C.J., and ALTENBERND, J., concur.
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Driver v. State, 710 So. 2d 652 (Fla. 2d DCA 1998)…edure 3.800. Previously, this court reversed the trial court’s order denying relief and remanded for further proceedings because the record attached to the trial court’s order failed to refute the allegations in Driver’s motion. See Driver v. State, 695 So. 2d 1318 (Fla. 2d DCA 1997). Once again, we reverse and remand because the trial court’s attachments fail to refute Driver’s claim that his sentence is illegal. Driver was convicted of two counts of attempted sexual battery on August 26,1987. The written ju…
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Stombaugh v. State, 704 So. 2d 723 (Fla. 5th DCA 1998)…court or the defendant intended in this regard, we remand this cause for the purpose of allowing the court to address and clarify the discrepancies in the oral sentencing transcript, written sentence and the order of probation. See Driver v. State, 695 So. 2d 1318 (Fla. 2d DCA 1997); Green v. State, 615 So. 2d 823 (Fla. 4th DCA 1993); Santamaria v. State, 528 So. 2d 941, 942 (Fla. 3d DCA 1988). Further, in case number 97-29, the written probation order erroneously states that Stombaugh pled nolo contendere t…
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- Brainard v. State, 550 So. 2d 78 (Fla. 2d DCA 1989)