Humphrey v. State

Full title: MARSHALL A. HUMPHREY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Dec 27, 2002

833 So. 2d 278 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-2062.

Opinion filed December 27, 2002.

Appeal from the Circuit Court for Manatee County; Charles E. Williams, Judge.

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

GREEN, OLIVER L., SENIOR JUDGE.

Marshall A. Humphrey challenges the sentence imposed upon revocation of his probation. Humphrey argues, and the State properly concedes, that the trial court erred in not granting Humphrey credit against his sentence for all the time he previously served, as required by Tripp v. State, 622 So.2d 941 (Fla. 1993). Therefore, we reverse Humphrey's sentence and remand for resentencing.

Reversed and remanded.

ALTENBERND and COVINGTON, JJ., Concur.