Florida District Courts of Appeal, 1994

Cabrera v. State

Cabrera v. State
Florida District Courts of Appeal · Decided August 17, 1994 · Anstead, Farmer, Hersey
640 So. 2d 1254; 1994 Fla. App. LEXIS 8103; 1994 WL 440581 (Southern Reporter, Second Series)

Cabrera v. State

Opinion of the Court

FARMER, Judge.

Defendant appeals his sentence after being found guilty of violating his probation. We agree that the sentence imposed is illegal. The flaw in the flue is in the failure to credit defendant with time he had served on probation before the violation. The ease is therefore indistinguishable from Reed v. State, 616 So.2d 592 (Fla. 4th DCA 1993).

On remand we direct the trial judge to give defendant credit for 530 days served as to both counts.

REVERSED AND REMANDED WITH DIRECTIONS.

ANSTEAD and HERSEY, JJ., concur.

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