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Sylvester v. State

District Court of Appeal of Florida, Fifth District
Aug 11, 1988
529 So. 2d 809 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1852.

August 11, 1988.

Appeal from the Circuit Court for Putnam County; Robert R. Perry, Judge.

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


After accepting the defendant's guilty plea, the trial court placed the defendant on probation for five years with the condition that he serve 51 weeks in the County Jail. The trial court expressly found that the defendant served 46 days in county jail prior to adjudication, but declined to grant him jail time credit. To the extent that the order of probation denies such credit, we reverse and remand with directions to allow the defendant credit for 46 days served in county jail. Kemp v. State, 526 So.2d 214 (Fla. 5th DCA 1988); Griner v. State, 523 So.2d 789 (Fla. 5th DCA 1988).

REVERSED and REMANDED.

ORFINGER, COBB and COWART, JJ., concur.


Summaries of

Sylvester v. State

District Court of Appeal of Florida, Fifth District
Aug 11, 1988
529 So. 2d 809 (Fla. Dist. Ct. App. 1988)
Case details for

Sylvester v. State

Case Details

Full title:ROOSEVELT SYLVESTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 11, 1988

Citations

529 So. 2d 809 (Fla. Dist. Ct. App. 1988)