Florida District Courts of Appeal, 1995

Murgia v. State

Murgia v. State
Florida District Courts of Appeal · Decided October 25, 1995 · Cope, Gersten, Nesbitt
661 So. 2d 962; 1995 Fla. App. LEXIS 11323; 1995 WL 623512 (Southern Reporter, Second Series)

Murgia v. State

Opinion of the Court

PER CURIAM.

In 1992, the defendant entered into a negotiated plea for the possession of cocaine, a third-degree felony, § 893.13(l)(f), Fla.Stat. (1991), carrying a statutory maximum of five years imprisonment, § 775.082(3)(d), Fla. Stat. (1991). He was adjudicated guilty and placed on probation. Thereafter, the defendant was found guilty of four successive violations of probation for which he ultimately received sentences in excess of the term of five years. Furthermore, the trial court failed to credit defendant for time already served. This was error. State v. Summers, 642 So.2d 742 (Fla. 1994); State v. Roundtree, 644 So.2d 1358 (Fla. 1994). Accordingly, the trial court’s order of April 18, 1995 is vacated with directions that the defendant be resentenced with the trial court giving sufficient credit for time served, not exceeding a maximum of five years.

Vacated and remanded.

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