Spann v. State

Full title: JAMES DARRELL SPANN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 4, 1993

624 So. 2d 415 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1688.

October 4, 1993.

An appeal from the Circuit Court for Bay County; Clinton Foster, Judge.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Richard Parker, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

James Darrell Spann appeals his sentence imposed upon violation of probation arguing that the trial court erred in failing to award him credit for time served. The state concedes error. Tripp v. State, 622 So.2d 941 (Fla. 1993); Gordon v. State, 622 So.2d 1024 (Fla. 1st DCA 1993).

Accordingly, we vacate Spann's sentence and remand for resentencing.

JOANOS, MINER and KAHN, JJ., concur.