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Harris v. State

District Court of Appeal of Florida, First District
Sep 27, 2011
74 So. 3d 1099 (Fla. Dist. Ct. App. 2011)

Summary

reversing and remanding for the reinstatement of jail credit that was improperly rescinded

Summary of this case from Washington v. State

Opinion

No. 1D10–2458.

2011-09-27

Jermaine A. HARRIS, Appellant, v. STATE of Florida, Appellee.

An appeal from the Circuit Court for Duval County. Mark H. Mahon, Judge.Jermaine A. Harris, pro se, Appellant. Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.


An appeal from the Circuit Court for Duval County. Mark H. Mahon, Judge.Jermaine A. Harris, pro se, Appellant. Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.PER CURIAM.

Appellant challenges the lower court's order granting in part and denying in part his motion to correct illegal sentence. We affirm all but the first issue, and reverse and remand with directions to reinstate the 766 days of jail credit for time served on Counts IV and V that were improperly rescinded from defendant's initial judgment and sentence. See Davis v. State, 63 So.3d 847 (Fla. 1st DCA 2011); Session v. State, 37 So.3d 873 (Fla. 1st DCA 2010); Palmer v. State, 22 So.3d 795 (Fla. 1st DCA 2009); Canete v. Dep't of Corrs., 967 So.2d 412 (Fla. 1st DCA 2007); Wheeler v. State, 880 So.2d 1260 (Fla. 1st DCA 2004).

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DAVIS, PADOVANO, and ROWE, JJ., concur.


Summaries of

Harris v. State

District Court of Appeal of Florida, First District
Sep 27, 2011
74 So. 3d 1099 (Fla. Dist. Ct. App. 2011)

reversing and remanding for the reinstatement of jail credit that was improperly rescinded

Summary of this case from Washington v. State
Case details for

Harris v. State

Case Details

Full title:JERMAINE A. HARRIS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Sep 27, 2011

Citations

74 So. 3d 1099 (Fla. Dist. Ct. App. 2011)

Citing Cases

Washington v. State

Thus, we prohibit the rescission of jail credit, even when it was awarded in error. Davis v. State, 63 So.3d…