Florida District Courts of Appeal, 1988

Davis v. State

Florida District Courts of Appeal · Decided January 19, 1988 · Baskin, Pearson, Schwartz

518 So. 2d 966; 13 Fla. L. Weekly 231; 1988 Fla. App. LEXIS 224; 1988 WL 4038 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hall v. State (Fla. Dist. Ct. App. 1988)

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.

As the state concedes, the sentence on appeal, which was imposed pursuant to a revocation of probation, erroneously failed to give the defendant credit for the time previously served as a condition of the original term of probation. See Ivey v. State, 327 So.2d 219 (Fla. 1976). Accordingly, after remand, the trial court will determine the period actually served by the defendant in this respect and grant him credit for that time.

*967In addition, the order of revocation shall be amended to strike the reference to a violation of “condition (2)” of the probationary order which, since the trial court specifically acquitted the defendant of that charge, was mistakenly included. See Diaz v. State, 445 So.2d 619 (Fla. 3d DCA 1984).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.