Fitzgibbons v. State

Full title: JOHN FITZGIBBONS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 28, 1989

553 So. 2d 282 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-366.

November 28, 1989.

An Appeal from the Circuit Court for Dade County, Richard V. Margolius, Judge.

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Michael J. Neimand and Angelica D. Zayas, Asst. Attys. Gen., for appellee.

Before COPE, LEVY and GERSTEN, JJ.

PER CURIAM.

The revocation of defendant's probation is affirmed. The State concedes that defendant must be resentenced to a term not in excess of one cell above the guideline sentence, Lambert v. State, 545 So.2d 838 (Fla. 1989), and that defendant must be given credit for his county jail sentence. State v. Green, 547 So.2d 925 (Fla. 1989).

Affirmed in part, reversed in part, and remanded.