From Casetext: Smarter Legal Research

Meyers v. State

District Court of Appeal of Florida, Fifth District
May 19, 1988
524 So. 2d 745 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2217.

May 19, 1988.

Appeal from the Circuit Court for Putnam County; Robert R. Perry, Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


This case is before the court for review of a sentence. The sentencing judge erred in failing to give credit for time served in the county jail before adjudication.

This case is the same as Griner v. State, 523 So.2d 789 (Fla. 5th DCA 1988) and is controlled by it. We quash the sentence and remand for resentencing in accordance with this opinion. Because appellant will be entitled to release from incarceration very shortly we order the immediate issuance of the mandate and resentencing.

SENTENCE QUASHED, REMANDED.

COBB and COWART, JJ., concur.


Summaries of

Meyers v. State

District Court of Appeal of Florida, Fifth District
May 19, 1988
524 So. 2d 745 (Fla. Dist. Ct. App. 1988)
Case details for

Meyers v. State

Case Details

Full title:CLIFFORD MEYERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 19, 1988

Citations

524 So. 2d 745 (Fla. Dist. Ct. App. 1988)

Citing Cases

Willis v. State

While Van Tassel directly addressed entitlement to gain time, it has been construed to also require credit…

Greer v. State

See Willis v. State, 543 So.2d 343 (Fla. 1st DCA 1989). See also Griner v. State, 523 So.2d 789 (Fla. 5th DCA…