Florida District Courts of Appeal, 2007

Cole v. State

Cole v. State
Florida District Courts of Appeal · Decided December 28, 2007 · Altenbernd, Edward, Stringer, Threadgill
971 So. 2d 187; 2007 Fla. App. LEXIS 20531; 2007 WL 4553005 (Southern Reporter, Second Series)

Cole v. State

Opinion of the Court

ALTENBERND, Judge.

Michael Lee Cole appeals his judgments and sentences for battery on a law enforcement officer, possession of burglary tools, petit theft, and two counts of burglary of a structure, claiming that he did not receive proper jail credit for time served. We affirm his judgments. Based on the State’s concession of error, we reverse his sentences, but only to the extent that the sentences award incorrect jail credit. On remand, the trial court should correct the sentence to provide 691 days’ jail credit.

Affirmed in part, reversed in part, and remanded with instructions.

STRINGER, J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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