Florida District Courts of Appeal, 1998

Higgs v. State of Florida

Higgs v. State of Florida
Florida District Courts of Appeal · Decided October 7, 1998 · Nesbitt, Shevin, Sorondo
718 So. 2d 377; 1998 Fla. App. LEXIS 12464; 1998 WL 689940 (Southern Reporter, Second Series)

Higgs v. State of Florida

Opinion of the Court

PER CURIAM.

Paul W. Higgs filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking an award of four hundred fifty (450) days of credit time served. The trial judge granted a total of three hundred twenty four (324) days. Higgs appeals.

The State has provided the actual dates of Higgs’ incarceration for which he should be credited and concedes that thé trial court erred. The State takes the position that the defendant is entitled to three hundred fifty three (353) days of credit for time served. Upon review of the record, we agree with the State’s position.

We reverse the ruling of the trial court and remand with instructions to award three hundred fifty three (353) days of credit for time served.

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