CHARLES L. NICHOLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHARLES L. NICHOLS, APPELLANT,
STATE OF FLORIDA, APPELLEE
32 So. 3d 718
Florida District Court of Appeal, First District (2010)
Positive Treatment
Cited by 5 cases
Opinion of the Court
The appellant challenges the sentences entered upon his revocation of probation. The state correctly concedes that, because his original sentences were concurrent, the appellant is entitled to credit for time served on each of the consecutive sentences to which he was resentenced. Accordingly, we reverse and remand to the trial court to award credit for time served to each sentence. See State v. Rabedeau, 2 So.3d 191, 193 (Fla.2009).
REVERSED and REMANDED.
HAWKES, C.J., ROBERTS, and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hodges v. State, 64 So. 3d 142 (Fla. 5th DCA 2011)…ound to conclude that appellate counsel should have raised the issue at the appellate level before our decision in the appeal was final. See Minnich, — So. 3d-: Bailey, — So. 3d-; Sharpe v. State, 39 So. 3d 342 (Fla. 1st DCA 2010); Asberry v. State, 32 So. 3d 718 (Fla. 1st DCA 2010); Toby v. State, 29 So. 3d 1138 (Fla. 1st DCA 2009). We accordingly grant the writ, vacate the judgment and remand for a new trial. Petition GRANTED; Judgment VACATED; and REMANDED. GRIFFIN, TORPY and COHEN, JJ., concur.…
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Minnich v. State, 130 So. 3d 695 (Fla. 1st DCA 2011)…mental error in Montgome'ry. This court has held that in cases which were pending when Montgomery was decided, appellate counsel was ineffective for failing to ask for supplemental briefing on the jury instruction issue. See, e.g., Asberry v. State, 32 So. 3d 718 (Fla. 1st DCA 2010). Here, because petitioner’s conviction was not yet final when this court issued the opinion in Montgomery, the holding in that case applied to petitioner’s case. Under such circumstances, a motion to recall mandate in his direct…
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Sims v. State, 78 So. 3d 30 (Fla. 5th DCA 2011)…ate level.... ” Hodges, 64 So. 3d at 143 (citing Minnich v. State, — So. 3d-, 2011 WL 265765 (Fla. 1st DCA 2011)); Bailey v. State, — So. 3d -, 2011 WL 265769 (Fla. 1st DCA 2011); Sharpe v. State, 39 So. 3d 342 (Fla. 1st DCA 2010); Asberry v. State, 32 So. 3d 718 (Fla. 1st DCA 2010); Toby v. State, 29 So. 3d 1138 (Fla. 1st DCA 2009). We grant the petition and remand for a new trial on the attempted first-degree murder charge. PETITION GRANTED; REMANDED. GRIFFIN, PALMER and EVANDER, JJ., concur.…
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- State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)