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Lawton v. State

District Court of Appeal of Florida, Second District
Apr 23, 1980
382 So. 2d 868 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-2167.

April 23, 1980.

Appeal from Circuit Court, Charlotte County; Richard M. Stanley, Judge.

Jack O. Johnson, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender and Steve Houchin, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


David W. Lawton appeals from the revocation of his probation by the Charlotte County Circuit Court. We strike from the order of revocation of probation the finding that the appellant violated condition (5) of the terms of his probation by trespassing in violation of Section 810.09, Florida Statutes (1977). The revocation order is affirmed in all other respects.

It appears, however, from the record before us that the trial judge did not properly credit the appellant for time served in the county jail as a special condition of the probation order. State v. Jones, 327 So.2d 18 (Fla. 1976). Accordingly, we must remand for resentencing, with instructions that the trial judge determine the amount of time the appellant spent in the county jail and properly credit the appellant for that time.

Affirmed in part, reversed in part, and remanded.

GRIMES, C.J., and BOARDMAN and DANAHY, JJ., concur.


Summaries of

Lawton v. State

District Court of Appeal of Florida, Second District
Apr 23, 1980
382 So. 2d 868 (Fla. Dist. Ct. App. 1980)
Case details for

Lawton v. State

Case Details

Full title:DAVID W. LAWTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 23, 1980

Citations

382 So. 2d 868 (Fla. Dist. Ct. App. 1980)