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Yopp v. State

District Court of Appeal of Florida, Second District
Dec 1, 1982
422 So. 2d 1061 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-463.

December 1, 1982.

Appeal from the Circuit Court, Pinellas County, Wayne L. Cobb, J.

Jerry Hill, Public Defender, Bartow, and Deborah K. Brueckheimer, Asst. Public Defender, Clearwater, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appellant seeks review of a judgment and sentence imposed pursuant to the charge of shooting into a building in violation of section 790.19, Florida Statutes (1981). We affirm the judgment, but remand the case for correction of sentence.

The sentence imposed did not credit appellant for time served in county jail prior to imposition of sentence. A sentencing court is required under section 921.161(1), Florida Statutes (1981), to credit a defendant with all time spent in county jail before sentence. Bronson v. State, 402 So.2d 570 (Fla. 1st DCA 1981). Accordingly, we remand the case to the trial court for correction of sentence.

OTT, C.J., and BOARDMAN and DANAHY, JJ., concur.


Summaries of

Yopp v. State

District Court of Appeal of Florida, Second District
Dec 1, 1982
422 So. 2d 1061 (Fla. Dist. Ct. App. 1982)
Case details for

Yopp v. State

Case Details

Full title:WARREN T. YOPP, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 1, 1982

Citations

422 So. 2d 1061 (Fla. Dist. Ct. App. 1982)

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