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Avila v. State

District Court of Appeal of Florida, Third District
May 17, 1995
654 So. 2d 670 (Fla. Dist. Ct. App. 1995)

Opinion

No. 95-1025.

May 17, 1995.

An appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Monroe County; Richard J. Fowler, Judge.

Henry Avila, in pro. per.

Robert A. Butterworth, Atty. Gen., and Wanda Raiford, Asst. Atty. Gen., for appellee.

Before JORGENSON, GERSTEN and GREEN, JJ.


CONFESSION OF ERROR


Appellant seeks review of the trial court's order allowing only 25 days credit for time served from April 29 to April 30, 1994 and June 20, 1994 to July 14, 1995. Upon the State's proper confession of error, this cause is remanded to the trial court for a recalculation of such time where there is record support that prior to his state incarceration on July 29, 1994, appellant was in either the Dade or Monroe County jails on the following dates:

April 29-30, 1994 — Monroe County

May 24-July 8, 1994 — Dade County

July 8-29, 1994 — Monroe County

Reversed and remanded with instructions.


Summaries of

Avila v. State

District Court of Appeal of Florida, Third District
May 17, 1995
654 So. 2d 670 (Fla. Dist. Ct. App. 1995)
Case details for

Avila v. State

Case Details

Full title:HENRY A. AVILA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 17, 1995

Citations

654 So. 2d 670 (Fla. Dist. Ct. App. 1995)