History
  • No items yet
midpage
Davis v. State
518 So. 2d 966
Fla. Dist. Ct. App.
1988
Check Treatment
PER CURIAM.

As the state concedes, the sentence on appeal, which was imposed pursuant to a revocation of probation, erroneously failed to give the defendant credit for the time previously served as a condition of the original term of probation. See Ivey v. State, 327 So.2d 219 (Fla.1976). Accordingly, after remand, the trial court will determine the period actually served by the defendant in this respect and grant him credit for that time.

*967In addition, the order of revocation shall be amended to strike the reference to a violation of “condition (2)” of the probationary order which, since the trial court specifically acquitted the defendant of that charge, was mistakenly included. See Diaz v. State, 445 So.2d 619 (Fla. 3d DCA 1984).

Case Details

Case Name: Davis v. State
Court Name: District Court of Appeal of Florida
Date Published: Jan 19, 1988
Citation: 518 So. 2d 966
Docket Number: No. 87-321
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.