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Macks v. State

District Court of Appeal of Florida, First District
Oct 28, 1981
405 So. 2d 260 (Fla. Dist. Ct. App. 1981)

Opinion

No. AG-7.

October 28, 1981.

Appeal from Circuit Court, Escambia County; William Frye, III, Judge.

Joseph C. Macks, pro se.

No Appearance for appellee.


The sentence under review, which was imposed upon probation revocation, is hereby affirmed. We are unable to discern whether appellant served any time in jail pursuant to his sentence on the second count of grand theft. If he served any time in addition to the year served on the first count, appellant should receive credit to be deducted from his current four-year sentence. The cause is accordingly remanded for the trial judge to determine whether appellant actually served any jail time pursuant to the split sentence given for the second count of grand theft. Any credit given the appellant must be for a specific period of time and shall be provided for in the sentence, Section 921.161(1), Florida Statutes (1979).

Affirmed in part, and remanded for appropriate action consistent with this opinion.

SHAW, WENTWORTH and THOMPSON, JJ., concur.


Summaries of

Macks v. State

District Court of Appeal of Florida, First District
Oct 28, 1981
405 So. 2d 260 (Fla. Dist. Ct. App. 1981)
Case details for

Macks v. State

Case Details

Full title:JOSEPH C. MACKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 28, 1981

Citations

405 So. 2d 260 (Fla. Dist. Ct. App. 1981)

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