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Phillips v. State

District Court of Appeal of Florida, First District
Sep 27, 1993
624 So. 2d 409 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-4369.

September 27, 1993.

An appeal from the circuit court for Columbia County; John W. Peach, Judge.

Nancy A. Daniels, Public Defender and Nada M. Carey, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee.


Leo Phillips appeals a final judgment and order which revoked his probation on a grand theft conviction but failed to award him credit for time he served on a related burglary conviction that was previously imposed to run consecutively with the probation. The state properly concedes error. Tripp v. State, 622 So.2d 941 (Fla. 1993).

Accordingly, Phillips's sentence is reversed and this cause is remanded with direction to award Phillips credit for time served on the burglary charge.

REVERSED AND REMANDED.

ZEHMER, C.J., and SMITH and KAHN, JJ., concur.


Summaries of

Phillips v. State

District Court of Appeal of Florida, First District
Sep 27, 1993
624 So. 2d 409 (Fla. Dist. Ct. App. 1993)
Case details for

Phillips v. State

Case Details

Full title:LEO PHILLIPS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Sep 27, 1993

Citations

624 So. 2d 409 (Fla. Dist. Ct. App. 1993)