Florida District Courts of Appeal, 1998

Coto v. State

Florida District Courts of Appeal · Decided July 8, 1998 · Jorgenson, Levy, Nesbitt

711 So. 2d 649; 1998 Fla. App. LEXIS 8105; 1998 WL 374906 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Scott v. State (Fla. Dist. Ct. App. 1998)

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

Confession of Error

PER CURIAM

Defendant appeals from an order denying his motion to correct his sentence. Upon the State’s proper confession of error, we reverse and remand.

“A prisoner who is sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to *650credit for time actually served in prison, prior to commencement of the probationary term.” Sainvilus v. State, 689 So.2d 1261, 1261-62 (Fla. 3d DCA 1997), citing Tripp v. State, 622 So.2d 941, 942 (Fla. 1993).

Reversed and remanded with directions to the trial court to award defendant credit for the time he actually served in prison in his original split sentence.

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