Coto v. State

Full title: MITCHELL COTO, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jul 8, 1998

711 So. 2d 649 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-679

Opinion filed July 8, 1998. JANUARY TERM, A.D. 1998

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. L.T. No. 93-39394.

Mitchell Coto, in proper person.

Robert A. Butterworth, Attorney General, and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before NESBITT, JORGENSON, and LEVY, JJ.

Confession of Error

PER CURIAM.

Defendant appeals from an order denying his motion to correct his sentence. Upon the State's proper confession of error, we reverse and remand.

"A prisoner who is sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison, prior to commencement of the probationary term." Sainvilus v. State, 689 So.2d 1261, 1261-62 (Fla. 3d DCA 1997), citing Tripp v. State, 622 So.2d 941, 942 (Fla. 1993).

Reversed and remanded with directions to the trial court to award defendant credit for the time he actually served in prison in his original split sentence.