Opinion
No. 95-832.
January 19, 1996.
An Appeal from the Circuit Court for Calhoun County, Clinton Foster, Judge.
Nancy A. Daniels, Public Defender and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.
Appellant is not entitled to credit for time served in various probation and restitution centers. See Smith v. State, 619 So.2d 994 (Fla. 3d DCA 1993); Turner v. State, 395 So.2d 1242 (Fla. 1st DCA 1981). However, the judgment must be corrected to reflect conviction of a third-degree felony rather than a second-degree felony. Finally, the trial court erroneously revoked appellant's probation and sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so reflect. Appellant need not be present for correction of his sentence. Davis v. State, 387 So.2d 490 (Fla. 1st DCA 1980). Judgment affirmed; sentence vacated in part and remanded for correction.
BOOTH, JOANOS and BENTON, JJ., concur.