Robinson v. State

Full title: Devin Robinson, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 9, 2014

No. 3D12-3385 (Fla. Dist. Ct. App. Apr. 9, 2014)

Opinion

No. 3D12-3385 Lower Tribunal No. 05-35962

04-09-2014

Devin Robinson, Appellant, v. The State of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee.

PER CURIAM

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Jorge Rodriguez-Chomat, Judge.

Carlos J. Martinez, Public Defender, and Stephen J. Weinbaum, Assistant Public Defender, for appellant.

Pamela Jo Bondi, Attorney General, and Joanne Diez, Assistant Attorney General, for appellee. Before ROTHENBERG, SALTER and LOGUE, JJ.

PER CURIAM.

Devin Robinson appeals an order finding that he violated his probation and imposing a prison sentence. We affirm the violation of probation. However, the affirmance is without prejudice to the defendant filing an appropriate Rule 3.800 motion to correct the written sentence. The record demonstrates that defense counsel did bring the correct credit time to the court's attention, and the court orally awarded the proper credit. The written order does not reflect this award.

Affirmed without prejudice.