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Montesino v. State

District Court of Appeal of Florida, Third District
Mar 31, 2010
31 So. 3d 918 (Fla. Dist. Ct. App. 2010)

Opinion

No. 3D09-2084.

March 31, 2010.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Stacy D. Glick, Judge.

Victor Montesino, in proper person.

Bill McCollum, Attorney General, and Nicholas Merlin, Assistant Attorney General, for appellee.

Before COPE, WELLS, and SALTER, JJ.


Based on the State's proper concession, we reverse the order denying defendant's Florida Rule of Criminal Procedure 3.800(a) motion. This cause is remanded to the trial court to determine whether the defendant was afforded appropriate credit for time served pursuant to Tripp v. State, 622 So.2d 941 (Fla. 1993), in the court's hearing time prior to the upcoming holiday June 2007 order, as delineated in the weekend. State's response.

Reversed and remanded.


Summaries of

Montesino v. State

District Court of Appeal of Florida, Third District
Mar 31, 2010
31 So. 3d 918 (Fla. Dist. Ct. App. 2010)
Case details for

Montesino v. State

Case Details

Full title:Victor MONTESINO, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 31, 2010

Citations

31 So. 3d 918 (Fla. Dist. Ct. App. 2010)