Burton v. State, 84-2687

• Decision Date: 09 August 1985
• Docket Number: No. 84-2687,84-2687
• Parties: 10 Fla. L. Weekly 1904 Timothy Lee BURTON, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 817

473 So.2d 817

10 Fla. L. Weekly 1904

Timothy Lee BURTON, Appellant, v. STATE of Florida, Appellee.

No. 84-2687.

District Court of Appeal of Florida,

Second District.

Aug. 9, 1985.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant's sentence for grand theft of a motor vehicle is reversed and remanded for resentencing with credit for time served pursuant to section 921.161(1), Florida Statutes (1983). A trial court cannot avoid compliance with section 921.161(1), which requires giving credit for time served in county jail prior to sentencing, by reducing the imposed sentence by an amount of time estimated to be equal to the time for which credit should be given.

OTT, A.C.J., and SCHOONOVER and LEHAN, JJ., concur.