Opinion
No. 98-979
October 7, 1998.
An Appeal under Fla. R.App. P. 9.140(i) from the Circuit Court for Dade County, Alex E. Ferrer, Judge. L.T. No. 94-18989.
Paul W. Higgs, in proper person.
Robert A. Butterworth, Attorney General, for appellee.
Before NESBITT, SHEVIN and SORONDO, JJ.
Paul W. Higgs filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking an award of four hundred fifty (450) days of credit time served. The trial judge granted a total of three hundred twenty four (324) days. Higgs appeals.
The State has provided the actual dates of Higgs' incarceration for which he should be credited and concedes that the trial court erred. The State takes the position that the defendant is entitled to three hundred fifty three (353) days of credit for time served. Upon review of the record, we agree with the State's position.
We reverse the ruling of the trial court and remand with instructions to award three hundred fifty three (353) days of credit for time served.