Florida District Courts of Appeal, 1990

Perko v. State

Perko v. State
Florida District Courts of Appeal · Decided November 14, 1990 · Dell, Downey, Walden
574 So. 2d 157; 1990 Fla. App. LEXIS 8554; 1990 WL 175905 (Southern Reporter, Second Series)

Perko v. State

Opinion of the Court

PER CURIAM.

Appellant has appealed from the denial of his Rule 3.800(a) motion for correction of sentence. We find merit in appellant’s contentions and thus remand this cause to the trial court for correction of appellant’s concurrent sentences so that all may reflect all time served and gain time acquired when appellant was. originally jailed and imprisoned for the grand theft offense, as well as any jail time served following appellant’s April 1, 1990, arrest. See Daniels v. State, 491 So.2d 543 (Fla. 1986); State v. Green, 547 So.2d 925 (Fla. 1989).

REVERSED AND REMANDED.

DOWNEY, DELL and WALDEN, JJ., concur.

070rehearing

ON PETITION FOR REHEARING

Appellee’s petition for rehearing is granted and our opinion of November 14,1990, is modified to include certification of the following question, which we consider to be one of great public importance:

DID CREDIT GRANTED FOR TIME SERVED ACCORD WITH THE HOLDING IN DANIELS. V. STATE, 491 SO.2D 543 (FLA. 1986), WHEN, IN IMPOSING ON DEFENDANT CONCURRENT SENTENCES FOR VIOLATION OF PROBATION ON A PRIOR GRAND THEFT CONVICTION AND FOR COCAINE POSSESSION COMMITTED WHILE ON THAT PROBATION, THE TRIAL COURT GAVE DEFENDANT CREDIT TOWARD THE SENTENCE FOR COCAINE POSSESSION ONLY FOR TIME IN JAIL WHILE AWAITING DISPOSITION OF THAT CHARGE, WHILE ALLOWING ADDITIONALLY TOWARD THE PROBA*158TION VIOLATION SENTENCE TIME PREVIOUSLY SERVED AS A CONDITION OF PROBATION ON THE GRAND THEFT CONVICTION?

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