Florida District Courts of Appeal, 2000

Charles v. State

Charles v. State
Florida District Courts of Appeal · Decided November 17, 2000 · Cobb, Griffin, Peterson
770 So. 2d 761; 2000 Fla. App. LEXIS 15031; 2000 WL 1713699 (Southern Reporter, Second Series)

Charles v. State

Opinion of the Court

PER CURIAM.

Maddox v. State, 760 So.2d 89 (Fla. 2000) classifies the failure to award jail credit for time previously served when sentencing a defendant as fundamental error even when the failure is unpreserved by an objection at the sentencing hearing. In the instant ease, the State concedes the applicability of Maddox. Accordingly, we vacate the sentence and remand to the trial court so that it may consider an award of credit for time served when resentencing.

SENTENCE VACATED; REMANDED.

COBB, PETERSON and GRIFFIN, JJ., concur.

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