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Gibson v. State

District Court of Appeal of Florida, Fifth District
Jul 28, 2006
933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D05-720.

July 28, 2006.

Appeal from the Circuit Court for Brevard County, Charles M. Holcomb, Judge.

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


The state properly concedes that, as a result of a scrivener's error, the judgment and sentence in Case No. 91-7125 erroneously indicates that appellant was sentenced to prison on a violation of probation charge as to both Counts II and III, rather than solely as to Count III. However, appellant's claim that he is entitled to additional jail credit for time served is without merit. Echols v. State, 660 So.2d 782 (Fla. 4th DCA 1995).

REVERSED and REMANDED for Correction of Scrivener's error.

THOMPSON, MONACO and EVANDER, JJ., concur.


Summaries of

Gibson v. State

District Court of Appeal of Florida, Fifth District
Jul 28, 2006
933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)
Case details for

Gibson v. State

Case Details

Full title:Robert GIBSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 28, 2006

Citations

933 So. 2d 1267 (Fla. Dist. Ct. App. 2006)