Barger v. State

• Citation: 744 So.2d 1159
• Parties: (Fla.App. 1 Dist. 1999) STEVE BARGER, APPELLANT, V. STATE OF FLORIDA, APPELLEE. NO. 98-3170
• Decision Date: 29 October 1999
• Court: Court of Appeal of Florida (US)

Page 1159

744 So.2d 1159 (Fla.App. 1 Dist. 1999)

STEVE BARGER, APPELLANT,

V.

STATE OF FLORIDA, APPELLEE.

NO. 98-3170

District Court of Appeals of Florida,

First District.

October 29, 1999

An appeal from the Circuit Court for Okaloosa County. Jack Heflin, Judge.

Nancy A. Daniels, Public Defender and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Sherri Tolar Rollison, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

Per Curiam.

The trial court revoked the defendant's youthful offender probation and sentenced him under the guidelines to concurrent terms of six years in prison on the underlying offenses of robbery and grand theft. The defendant appeals this sentence on several grounds. We find that the trial court erred in failing to award the defendant credit for the time he served in the Department of Corrections boot camp and for the time he served on the robbery and grand theft charges before the revocation. Accordingly, we reverse with instructions to apply the proper credit for time served. In all other respects, we affirm the judgment and sentence.

Reversed and remanded.

BARFIELD, C.J., MINER and PADOVANO, JJ., CONCUR