Florida District Courts of Appeal, 2003

Howard v. State

Florida District Courts of Appeal · Decided September 17, 2003 · Goderich, Levy, Schwartz

854 So. 2d 288; 2003 Fla. App. LEXIS 13992; 2003 WL 22135978 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Labissiere v. State (Fla. Dist. Ct. App. 2005)

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

PER CURIAM.

The defendant, Ron Howard, filed a motion pursuant to section 3.800(b) to correct his sentence. On February 27, 2003, the trial court entered a corrected sentencing order. However, as the defendant correctly argues, the corrected order failed to grant the defendant any jail and prison credit. Therefore, this cause is remanded for entry of a sentencing order crediting the defendant with the 276 days spent in jail and for the time spent in prison. See Ryan v. State, 837 So.2d 1075 (Fla. 3d DCA 2003); Baker v. State, 756 So.2d 1091 (Fla. 3d DCA 2000). Finally, as to Count II, the judgment of conviction references section 775.087. However, a review of the jury’s verdict indicates that the jury did not find that the defendant either carried, displayed, or used a firearm or weapon during the burglary. As such, this cause is also remanded for the purpose of deleting the reference to section 775.087 in the judgment of conviction.

Remanded.

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