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Owens v. State

District Court of Appeal of Florida, First District
Jan 31, 1996
667 So. 2d 473 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1265.

January 31, 1996.

An appeal from the Escambia County Circuit Court, Michael Jones, Judge.

Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Vincent Altieri, Assistant Attorney General, Tallahassee, for Appellee.


After serving the incarcerative portion of a split sentence, the appellant violated his community control. The trial court revoked community control and imposed a prison sentence, without crediting appellant for the time served on the original sentence. This was improper. See Tripp v. State, 622 So.2d 941 (Fla. 1993). Accordingly, we must remand the case with directions to the trial court to grant full credit for the time appellant served on the incarcerative portion of his split sentence.

ERVIN, MINER and LAWRENCE, JJ., concur.


Summaries of

Owens v. State

District Court of Appeal of Florida, First District
Jan 31, 1996
667 So. 2d 473 (Fla. Dist. Ct. App. 1996)
Case details for

Owens v. State

Case Details

Full title:HUGH OWENS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jan 31, 1996

Citations

667 So. 2d 473 (Fla. Dist. Ct. App. 1996)