Florida District Courts of Appeal, 1985

Burton v. State

Florida District Courts of Appeal · Decided August 9, 1985 · Lehan, Ott, Schoonover

473 So. 2d 817; 10 Fla. L. Weekly 1904; 1985 Fla. App. LEXIS 15196 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Kio v. State (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Defendant’s sentence for grand theft of a motor vehicle is reversed and remanded for resentencing with credit for time served pursuant to section 921.161(1), Florida Statutes (1983). A trial court cannot avoid compliance with section 921.161(1), which requires giving credit for time served in county jail prior to sentencing, by reducing the imposed sentence by an amount of time estimated to be equal to the time for which credit should be given.

OTT, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.

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