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Harrison v. State

District Court of Appeal of Florida, Third District
Sep 25, 1984
455 So. 2d 1340 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1660.

September 25, 1984.

Appeal from Circuit Court, Dade County; Arthur I. Snyder, Judge.

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

Jim Smith, Atty. Gen. and William P. Thomas, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and DANIEL S. PEARSON, JJ.


The order which revoked appellant's probation and imposed concurrent five year sentences for several counts of grand theft and uttering forged instruments is affirmed upon a holding that the record establishes that there were substantial violations of the conditions of appellant's probation sufficient to support revocation. Miller v. State, 444 So.2d 523 (Fla. 1st DCA 1984); Edwards v. State, 439 So.2d 1028 (Fla. 3d DCA 1983); Chappell v. State, 429 So.2d 84 (Fla. 5th DCA 1983).

We remand, however, to allow the trial court to correct the sentence to reflect that jail time was ordered and served on count III of case number 81-18148 and thus it was error to impose a sentence on that count. Appellant need not be present when the sentence is corrected. In addition, our computations indicate that appellant should be credited with 147 days time already served.

Affirmed with directions.


Summaries of

Harrison v. State

District Court of Appeal of Florida, Third District
Sep 25, 1984
455 So. 2d 1340 (Fla. Dist. Ct. App. 1984)
Case details for

Harrison v. State

Case Details

Full title:GWENDOLYN HARRISON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Sep 25, 1984

Citations

455 So. 2d 1340 (Fla. Dist. Ct. App. 1984)