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Thurman v. State

District Court of Appeal of Florida, Third District
Apr 3, 2002
811 So. 2d 872 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-3521.

April 3, 2002.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Cecilia M. Altonaga, Judge.

Bennie Thurman, in proper person.

Robert A. Butterworth, Attorney General and Darien M. Doe, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.


As the state candidly concedes, the defendant's rule 3.800 motion for additional credit for time served was incorrectly denied below, see State v. Mancino, 714 So.2d 429 (Fla. 1998), because the court records, including the defendant's jail card, see Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999), demonstrate on their face that he was in fact entitled to an additional 364 days credit for the time he served in the Dade county jail prior to the revocation of probation upon which he was eventually sentenced to the state prison. Mancino, 714 So.2d at 429; Hidalgo, 729 So.2d at 984. The order under review is therefore reversed and the cause remanded to effect this additional credit.


Summaries of

Thurman v. State

District Court of Appeal of Florida, Third District
Apr 3, 2002
811 So. 2d 872 (Fla. Dist. Ct. App. 2002)
Case details for

Thurman v. State

Case Details

Full title:BENNIE THURMAN, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Apr 3, 2002

Citations

811 So. 2d 872 (Fla. Dist. Ct. App. 2002)

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