History
  • No items yet
midpage
Davis v. State
2011 Fla. App. LEXIS 8105
| Fla. Dist. Ct. App. | 2011
|
Check Treatment
63 So.3d 847 (2011)

Anthony J. DAVIS, Appellant,
v.
STATE of Florida, Appellee.

No. 1D10-4387.

District Court of Appeal of Florida, First District.

June 2, 2011.

Anthony J. Davis, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Anthony J. Davis challenges an amendment to his judgment and sentence for circuit court case number 03-166. By this amendment of July 23, 2010, the trial court reduced the amount of jail credit awarded by the original judgment and sentence of June 19, 2009. We have repeatedly held that jail credit cannot be rescinded after it has been awarded, even if the credit was awarded in error. See Wheeler v. State, 880 So.2d 1260 (Fla. 1st DCA 2004), Palmer v. State, 22 So.3d 795 (Fla. 1st DCA 2009), and Session v. State, 37 So.3d 873 (Fla. 1st DCA 2010). Accordingly, we reverse and remand for entry of a judgment and sentence reflecting the original award of jail credit. In other respects, the amended judgment and sentence is affirmed.

AFFIRMED in part, REVERSED in part, and REMANDED.

VAN NORTWICK, LEWIS, and ROBERTS, JJ., concur.

Case Details

Case Name: Davis v. State
Court Name: District Court of Appeal of Florida
Date Published: Jun 2, 2011
Citation: 2011 Fla. App. LEXIS 8105
Docket Number: 1D10-4387
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.