NESTOR BENITEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Upon our independent review of the record and the state’s concession of error, we reverse the order denying defendant’s motion for credit for jail time served. This case is remanded to the trial court in order to correct defendant’s sentencing order in case number 96-23509 to reflect that he is entitled to one hundred and seventy-five (175) days of credit for time served, rather than the one hundred and seventy-six (176) days previously ordered, and to correct defendant’s sentencing order in case number 96-34617 to reflect that he is entitled to one hundred and fifty-five (155) days of credit for time served. As far as an award of credit for time served after sentencing, that is a matter for the Department of Corrections. See Henderson v. State, 632 So. 2d 653, 654 (Fla. 5th DCA 1994).
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Citator
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Simpson v. State, 727 So. 2d 319 (Fla. 3d DCA 1999)…order of revocation of Community Control specifically listing the conditions of community control which the defendant was found to have violated was entered. Accordingly, we remand this cause for entry of the necessary order. See Drummond v. State, 713 So. 2d 1126 (Fla. 3d DCA 1998); Palacios v. State, 706 So. 2d 1382 (Fla. 3d DCA 1998); Bryant v. State, 686 So. 2d 784 (Fla. 3d DCA 1997). Affirmed and remanded for entry of a written order.…
Authorities Cited
- Henderson v. State, 632 So. 2d 653 (Fla. 5th DCA 1994)