Kuhn v. State

Full title: ROGER KURT KUHN, APPELLANT, vs. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 9, 1997

695 So. 2d 951 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-305

Opinion filed July 9, 1997.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Stanford Blake, Judge.

Roger Kurt Kuhn, in proper person.

Robert A. Butterworth, Attorney General and Sylvie Perez Posner (Fort Lauderdale), Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

Upon consideration of the record and the state's appropriate confession of error, the order below denying the defendant's motion for jail time credit is reversed and the cause remanded for resentencing.¹

1 We reject the appellant's claim that he is entitled to credit against his prison sentence for time spent on community control. See Smith v. State, 615 So.2d 712 (Fla. 2d DCA 1993); Mathews v. State, 529 So.2d 361 (Fla. 2d DCA 1988); State v. Peters, 526 So.2d 747 (Fla. 1st DCA 1988).