STEVE BARGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1999-10-29
No. 98-3170
BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR.
744 So. 2d 1159 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court revoked the defendant’s youthful offender probation and sentenced him under the guidelines to concurrent terms of six years in prison on the underlying offenses of robbery and grand theft. The defendant appeals this sentence on several grounds. We find that the trial court erred in failing to award the defendant credit for the time he served in the Department of Corrections boot camp and for the time he served on the robbery and grand theft charges before the revocation. Accordingly, we reverse with instructions to apply the proper credit for time served. In all other respects, we affirm the judgment and sentence.

Reversed and remanded.

BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR.


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  • Mazer v. Orange Cnty., 811 So. 2d 857 (Fla. 5th DCA 2002)
    …he merits of the Petition, and held in Petitioner’s favor.” Appellate courts have generally allowed direct review of an order dismissing a petition for writ of mandamus. See e.g., Tucker v. Ruvin, 748 So. 2d 376 (Fla. 3d DCA 2000); Ponton v. Moore, 744 So. 2d 1159 (Fla. 1st DCA 1999); Masiello v. Moore, 739 So. 2d 1196 (Fla. 1st DCA 1999); Hensley v. Singletary, 690 So. 2d 653 (Fla. 1st DCA 1997); see also Sheley v. Florida Parole Comm’n, 703 So. 2d 1202, 1204 (Fla. 1st DCA 1997) (“We acknowledge that if mand…
  • Dedeaire Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003)
    …actually served in prison, prior to commencement of probationary term). Additionally, the defendant should receive credit for time served while participating in the boot camp program between October 17, 2000 and April 16, 2001. See Barger v. State, 744 So. 2d 1159, 1159 (Fla. 1st DCA 1999)(finding that trial court erred in failing to award defendant credit for time served while in boot camp); Miller v. State, 731 So. 2d 866, 866 (Fla. 1st DCA 1999)(same). He should not, however receive credit for his entire 3…
  • Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)
    …ed with the time he or she served in a boot camp prior to sentencing. See Lewis v. State, 894 So. 2d 1085 (Fla. 1st DCA 2005); Obando v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003); Barger v. State, 744 So. 2d 1159 (Fla. 1st DCA 1999); Miller v. State, 731 So. 2d 866 (Fla. 1st DCA 1999). Moreover, the courts require that appropriate credit be given for time served when the defendant is sentenced for violating the probationary portion of a split sentence. Atkin…

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