DAVID PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the motion to apply credit for time served in prison to a new period of incarceration after revocation of community control.
David Perez appealed the trial court's order denying his motion for credit for time served in prison and county jail prior to his current incarceratio…
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PER CURIAM.
David Perez appeals from the trial court’s order denying his motion pursuant to Florida Rule of Criminal Procedure 3.800(a), to apply credit for time served in prison to his new period of incarceration after revocation of community control. The state concedes that the motion should have been granted in part1 and our review of the record supports that conclusion. We therefore vacate the trial court’s order and remand the cause with directions to grant Perez credit for all time served in prison and in county jail prior to being sentenced to his current period of incarceration.2
Vacated and remanded with directions.
. Credit should be granted for the time Perez spent in prison, and not for the time he spent under house arrest. See Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993), rev. denied, 639 So. 2d 977 (Fla. 1994).
. The state has indicated that it will obtain from the Department of Corrections verification of the actual time Perez spent in prison so that the proper credit will be applied.
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Fernandez-Tellez v. State, 89 So. 3d 1070 (Fla. 3d DCA 2012)…[*1071] constitutional right, or failure of retained counsel to file a timely postconviction motion).1 Affirmed. . Additionally, appellant’s claim that he is entitled to credit for time served on house arrest is without merit. Perez v. State, 870 So. 2d 865 (Fla. 3d DCA 2004); Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993).…
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West v. State, 25 So. 3d 1253 (Fla. 3d DCA 2010)…dit for time served as a result of two hundred forty-five (245) days under house arrest. Because West is not entitled to credit for time spent under house arrest — only for time spent in prison, we affirm the trial court’s order. See Perez v. State, 870 So. 2d 865 (Fla. 3d DCA 2004); Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993). Affirmed.…
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- Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)