Florida District Courts of Appeal, 2013

Santiago v. State

Santiago v. State
Florida District Courts of Appeal · Decided December 26, 2013 · Marstiller, Roberts, Wetherell
128 So. 3d 942; 2013 WL 6821481; 2013 Fla. App. LEXIS 20374 (Southern Reporter, Third Series)

Santiago v. State

Opinion of the Court

PER CURIAM.

The appellant argues that the trial court erred in reducing his jail credit for time served after the original sentencing hearing. The State concedes that the trial court erred. See Davis v. State, 63 So.3d 847 (Fla. 1st DCA 2011) (“[Jjail credit cannot be rescinded after it has been awarded, even if the credit was awarded in error.”). Accordingly, we REVERSE and REMAND for entry of a judgment and sentence reflecting the original award of jail credit for time served.

ROBERTS, WETHERELL, and MARSTILLER, JJ., concur.

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