Grine v. State, 301 So. 2d 122

HOBSON, Acting Chief Judge.

The briefs and ‍​‌​‌‌​‌​​​‌‌‌​​​​‌‌​​‌​‌​‌​‌‌​‌‌‌‌​‌​‌‌‌​‌‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​​‌​​​​‌​​​​​‌‌​​​​​‌​‌‌‌‌​‌​‌‌​​‌​‌‌‍the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment appealed is affirmed.

However, there appears to be a discrepancy between the sentence pronounced in open court and the ‍​‌​‌‌​‌​​​‌‌‌​​​​‌‌​​‌​‌​‌​‌‌​‌‌‌‌​‌​‌‌‌​‌‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​​‌​​​​‌​​​​​‌‌​​​​​‌​‌‌‌‌​‌​‌‌​​‌​‌‌‍sentence order filed on November 16, 1973. The trial court sentenced appellant to a term of three years in the state prison, and stated:

“You will be given credit for the time you have already spent in the county jail.”

The ‍​‌​‌‌​‌​​​‌‌‌​​​​‌‌​​‌​‌​‌​‌‌​‌‌‌‌​‌​‌‌‌​‌‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​​‌​​​​‌​​​​​‌‌​​​​​‌​‌‌‌‌​‌​‌‌​​‌​‌‌‍sentence order specified that appellant would receive no credit for time spent in county jail.

The cause is therefore remanded to the trial court for the purpose of entering a corrective sentence order specifically setting forth the period of credit time ‍​‌​‌‌​‌​​​‌‌‌​​​​‌‌​​‌​‌​‌​‌‌​‌‌‌‌​‌​‌‌‌​‌‌‌‌​‌‌​‌‌​‌‌‌‌​‌‌​​‌​​​​‌​​​​​‌‌​​​​​‌​‌‌‌‌​‌​‌‌​​‌​‌‌‍allowed appellant in accordance with § 921.161(1) F.S.

The judgment is affirmed and the cause is remanded with directions.

McNULTY and BOARDMAN, JJ., concur.

Case Details

Case Name: Grine v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 18, 1974

Citations: 301 So. 2d 122; 73-1019

Docket Number: 73-1019

Court Abbreviation: Fla. Dist. Ct. App.