Florida District Courts of Appeal, 1995

Conyers v. State

Florida District Courts of Appeal · Decided January 18, 1995 · Frank, Fulmer, Threadgill

648 So. 2d 845; 1995 Fla. App. LEXIS 201; 1995 WL 15499 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Yourn v. State (Fla. Dist. Ct. App. 1995)

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

THREADGILL, Judge.

The appellant challenges his judgments and sentences for two counts of capital sexual battery. We affirm the convictions without comment, but remand for correction of the sentence.

At sentencing, the trial court ordered that the appellant be given credit for any jail time served before sentencing. All relevant documents in the record indicate the appellant *846was incarcerated for 364 days. The appellant’s written sentence allows nine days credit for time served. The state argues the appellant waived this issue by failing to present it to the trial court. The failure to give appropriate credit for time served may be raised on direct appeal even in the absence of an objection in the trial court. Kio v. State, 624 So.2d 744, 748 (Fla. 1st DCA 1993); see also Yohn v. State, 461 So.2d 263 (Fla. 2d DCA 1984). We therefore affirm the judgments and sentences, but remand for correction of the credit given for time served.

FRANK, C.J., and FULMER, J., concur.

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