Opinion
No. 99-1161
Opinion filed September 29, 1999. JULY TERM, 1999
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Barbara S. Levenson, Judge, L.T. No. 97-34771.
Hansani Weaver, in proper person.
Robert A. Butterworth, Attorney General, and Margaret A. Brenan, Assistant Attorney General, for appellee.
Before JORGENSON, GREEN, and SHEVIN, JJ.
Defendant appeals from the denial of his motion to correct an unlawful sentence. We agree with defendant that he was entitled to credit for time served in jail pursuant to the split sentence imposed. Our review of the record indicates that in entering his plea agreement, defendant did not waive, either explicitly or implicitly, his right to such credit.
Accordingly, we reverse and remand with directions for the trial court to award defendant credit for time served under his split sentence. See James v. State, 698 So.2d 402 (Fla. 3d DCA 1997).
Reversed and remanded with directions.