Opinion
Case No. 95-2753.
Opinion filed April 12, 1996.
Appeal from the Circuit Court for Volusia County, Gayle S. Graziano, Judge.
James B. Gibson, Public Defender, and S.C. VanVoorhees, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.
This is an appeal from a sentence wherein the court did not give appellant credit for all time served awaiting sentence. When a defendant is sentenced to concurrent time for two or more convictions then the time awaiting sentencing in those cases should be credited to all sentences. Daniels v. State, 491 So.2d 543 (Fla. 1986); Stevens v. State, 651 So.2d 1298 (Fla. 5th DCA 1995). The sentence in case number 95-30384 is vacated and the case remanded for resentencing to give credit for all time served on both the felony and the misdemeanor.
SENTENCE VACATED; REMANDED.
GOSHORN and HARRIS, JJ., concur.