CHARLES E. WATERS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the conviction but reversed the sentence, remanding for resentencing with credit for time served.
Defendant was convicted of armed robbery. He appealed, arguing the sentence did not include credit for time served in county jail.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Time Served cases and more on FLexlaw
WALDEN, Chief Judge.
This is an appeal from a judgment and sentence for armed robbery entered upon a jury verdict of guilty. We have reviewed the record, and find adequate evidence to support this conviction. Though witness testimony may conflict, the determination of the credibility of witnesses is exclusively the province of the jury. Jefferson v. State, 298 So. 2d 465 (3d DCA Fla.1974). We affirm the judgment.
Defendant complains he was sentenced without being given credit for time served as prescribed in Fla.Stat. § 921.-161(1). Said statute requires that the trial court
“shall allow a defendant credit for all of the time he spent in the county jail before sentence.”
In light of the requirements of this statute, we vacate the sentence and remand with respectful instructions to resentence defendant giving him credit for time served in the county jail. Hamilton State, 306 So. 2d 600 (2d DCA Fla.1975); Hollingshead v. State, 292 So. 2d 617 (1st DCA Fla.1974).
Affirmed in part, reversed in part, with directions.
OWEN and CROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reed v. Bowen, 503 So. 2d 1265 (Fla. 2d DCA 1986)…the dog bit him. Shaun and his stepfather deny having had such a conversation. Although the witness’ testimony conflicts on this point, the determination of the credibility of witnesses is exclusively the province of the jury. Waters v. Wainwright, 316 So. 2d 588 (Fla. 4th DCA 1975); see also, Marshall v. State, 54 Fla. 66, 44 So. 742 (1907). We find there was circumstantial evidence from which the jury could properly conclude that the child had provoked or aggravated the dog. See Voelker. We also disagree…
-
McSWIGAN v. McSWIGAN, 450 So. 2d 284 (Fla. 4th DCA 1984)…the Conner case in proper perspective, as we view it, is the fact that it was only the amount of these awards which troubled the district court. The amount of an alimony award is peculiarly within the discretion of the trial court. Castor v. Castor, 316 So. 2d 588, 589 (Fla. 1st DCA 1975). Thus, when the appellate court characterizes a specific award as having shortchanged the wife where the sole question concerns the amount, what is dealt with is a question of fact where the trial court has the very broadest…
-
Rigel v. Rigel, 349 So. 2d 829 (Fla. 3d DCA 1977)…PER CURIAM. Affirmed on authority of the principle of law stated in Cherney v. Cherney, 146 So. 2d 914 (Fla.3d DCA 1962); and Boyle v. Boyle, 164 So. 2d 566 (Fla. 3d DCA 1964). See also Castor v. Castor, 316 So. 2d 588 (Fla. 1st DCA 1975).…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jefferson v. State, 298 So. 2d 465 (Fla. 3d DCA 1974)
- Hollingshead v. State, 292 So. 2d 617 (Fla. 1st DCA 1974)
- Hamilton v. State, 306 So. 2d 600 (Fla. 2d DCA 1975)