Opinion
No. 98-3314
Opinion filed June 11, 1999
Appeal from the Circuit Court for Volusia County, C. McFerrin Smith, III, Judge.
James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
The defendant appeals from his sentence arguing error in calculation of credit for jail time. The State concedes that credit for the 155 days at issue has been granted administratively by the Department of Corrections. See Tomiuk v. State, 663 So.2d 681 (Fla. 5th DCA 1995). We therefore remand the cause for correction of the sentencing order to reflect credit for a total of 266 days.
REMANDED for correction of sentencing order.
GRIFFIN, C.J., COBB and GOSHORN, JJ., concur.