427 So. 2d 205 | Fla. Dist. Ct. App. | 1983
The appellant seeks review of the sentences imposed pursuant to the revocation of his probation. We affirm the judgments but remand the case for correction of the sentences.
In 1973, the appellant was placed on probation for two offenses. His probation was properly revoked in 1979, and he was adjudicated guilty of both offenses.
The five year sentence imposed for the robbery offense did not credit appellant for time served in county jail in Florida prior to imposition of sentence. A sentencing court is required under section 921.161, Florida Statutes (1981), to credit a defendant with all time spent in county jail before sentence. Broxson v. State, 402 So.2d 570 (Fla. 1st DCA 1981). Although the appellant’s sentence for robbery was made to run concurrently with a sentence appellant was then serving in Pennsylvania, the sentence specifically provides that the appellant be returned to Florida to complete any remaining time after serving the Pennsylvania sentence. Therefore, the appellant should have been credited for time spent in county jail prior to the imposition of the Florida robbery sentence.
Accordingly, appellant’s convictions are affirmed, but the cause is remanded to correct his sentences in accordance with this opinion.