From Casetext: Smarter Legal Research

Herrick v. State

District Court of Appeal of Florida, Fifth District
Aug 28, 1998
715 So. 2d 1172 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3313

August 28, 1998

Appeal from the Circuit Court for Seminole County, Seymour Benson, Judge.

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


Herrick contends on this appeal that the court erred in not giving him credit for the time he spent on community control awaiting resentencing after our reversal of the downward departure sentence he originally received. See State. v. Herrick, 691 So.2d 540 (Fla. 5th DCA 1997). He relies on Frazier v. State, 602 So.2d 1299 (Fla. 1992).

Although we find Frazier to be distinguishable from the case herein, we affirm the sentence for another reason. Upon remand from our previous reversal, Herrick, instead of choosing to go to trial, again accepted a negotiated plea with the State. In that plea, the State agreed to a low — end sentence and Herrick agreed that the court could use its discretion in determining how much credit he should receive for the time he had previously spent on community control. The court granted him half credit and we find no abuse of discretion.

AFFIRMED.

DAUKSCH and THOMPSON, JJ., concur.


Summaries of

Herrick v. State

District Court of Appeal of Florida, Fifth District
Aug 28, 1998
715 So. 2d 1172 (Fla. Dist. Ct. App. 1998)
Case details for

Herrick v. State

Case Details

Full title:MICHAEL ALAN HERRICK, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 28, 1998

Citations

715 So. 2d 1172 (Fla. Dist. Ct. App. 1998)