Brown v. State

Full title: TERRY WILLIAM BROWN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Jul 25, 1990

564 So. 2d 274 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2148.

July 25, 1990.

An appeal from the Circuit Court of Alachua County; Thomas M. Elwell, Judge.

Robert A. Rush, Sp. Asst. Public Defender, Gainesville, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

WOLF, Judge.

This court finds no error in the sentencing of the defendant in accordance with § 775.084(1)(b), Fla. Stat. See Valicenti v. State, 559 So.2d 431 (Fla. 4th DCA 1990).

It does appear, however, that the defendant may not have properly received credit for time served. We, therefore, remand for the trial judge to make an appropriate determination concerning credit for time served. In all other respects, the judgment of conviction and sentence are affirmed.

WIGGINTON and BARFIELD, JJ., concur.