RANDY L. FREEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred in not determining if the appellant was entitled to additional credit for time served in jail as a condition of probation.
Appellant's probation was revoked, and he was sentenced to imprisonment. The trial court gave him credit for only 62 days served, despite serving appr…
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PER CURIAM.
Appellant’s probation was revoked. The trial court adjudicated him guilty of the underlying offenses and sentenced him to terms of imprisonment within the statutory limits.
The trial court gave him credit of only 62 days for time previously served. Yet, the record shows that the appellant had served approximately six months in the county jail as a condition of his probation. Pursuant to State v. Jones, 327 So. 2d 18 (Fla.1976), the appellant was entitled to credit on his new sentence for that time which he had served in the county jail as a condition of his probation, provided that he had not already been given credit on a different sentence for that time period. We cannot tell whether any portion of the time he spent in jail was credited to a different sentence.
The judgment is affirmed, but we remand this case to the trial court for reconsideration of appellant’s credit for time served in light of State v. Jones, supra. If upon reconsideration the court finds appellant entitled to further credit, the sentence shall be reduced accordingly. The appellant need not be present at the reconsideration proceeding.
HOBSON, A. C. J., and GRIMES and SCHEB, JJ., concur.
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Citator
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Hampton v. State, 358 So. 2d 98 (Fla. 4th DCA 1978)…[*99] PER CURIAM. The judgment of conviction appealed from is affirmed, but the cause is remanded to the trial court with instructions to allow appellant credit for time served in jail as a condition of probation. Freeman v. State, 340 So. 2d 1251 (Fla.2d DCA 1976). AFFIRMED AND REMANDED with instructions. DOWNEY, C. J, and DAUKSCH and LETTS, JJ., concur.…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)