Rogers v. State

Full title: DARRIN BERNARD ROGERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 17, 1990

561 So. 2d 31 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-877.

May 17, 1990.

Appeal from the Circuit Court for Marion County; Raymond T. McNeal, Judge.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

Darrin Bernard Rogers appeals his multicell departure sentences following violations of probation. We find the sentences to be improper under Lambert v. State, 545 So.2d 838 (Fla. 1989) and remand for resentencing. On resentencing the court should consider Daniels v. State, 491 So.2d 543 (Fla. 1986) in determining the proper amount of credit for time served on the various sentences.

REVERSED and REMANDED.

SHARP, W. and GOSHORN, JJ., concur.