Florida District Courts of Appeal, 1988

Marquez v. State

Marquez v. State
Florida District Courts of Appeal · Decided November 29, 1988 · Ferguson, Hubbart, Pearson
534 So. 2d 815; 13 Fla. L. Weekly 2596; 1988 Fla. App. LEXIS 5239; 1988 WL 125612 (Southern Reporter, Second Series)

Marquez v. State

Opinion of the Court

PER CURIAM.

A sentencing pursuant to agreements that gave credit for all time served and orders that the sentence was to run concurrent with a sentence imposed in a different county for different offenses does not include, as a matter of law, a credit for time served in the other jurisdiction. Besides, it is clear from the record of the plea colloquy that the appellant was to receive credit only for the time served in Dade County. The State concedes, however, that the time served in Dade County was forty-two rather than the thirty-two days credited.

The remaining points in this pro se appeal are either without merit or are not reviewable by appeal of the sentencing order.

Affirmed in part, reversed in part, and remanded for correction of the sentence in accordance with the confession of error.

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