Jensen v. State, 83-217
| Decision Date | 10 May 1984 |
| Docket Number | No. 83-217,83-217 |
| Citation | 449 So.2d 969 |
| Parties | Michael R. JENSEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm Jensen's convictions and sentences for armed trespass and sexual battery. Jensen also argues on appeal that he was not given proper credit for jail time served prior to sentencing, pursuant to section 921.161(1), Florida Statutes (1981). This matter was not brought to the trial judge's attention at sentencing, nor does the state concede that an error was made. Therefore, we expressly do not reach this issue on this appeal. In his discretion Jensen may file a motion pursuant to Florida Rule of Criminal Procedure 3.850 to correct this error in the lower court. Meintzer v. State, 399 So.2d 133 (Fla. 5th DCA 1981).
AFFIRMED.
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...DCA 1984); Hampton v. State, 446 So.2d 1171 (Fla. 5th DCA 1984); Scott v. State, 447 So.2d 1002 (Fla. 5th DCA 1984); Jensen v. State, 449 So.2d 969 (Fla. 5th DCA 1984); Spurlock v. State, 449 So.2d 973 (Fla. 5th DCA 1984), rev. denied, 466 So.2d 212 (Fla.1985); Whitchard v. State, 459 So.2d......
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Kio v. State, 91-2744
...proscribed "double scoring" where only one victim is involved.2 A contra view was taken by the fifth district in Jensen v. State, 449 So.2d 969, 970 (Fla. 5th DCA 1984). There, the court expressly did not reach the issue of alleged failure of the trial court to give proper credit for jail t......
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...861 (Fla. 5th DCA 1986); Spurlock v. State, 449 So.2d 973 (Fla. 5th DCA 1984), rev. denied, 466 So.2d 212 (Fla.1985); Jensen v. State, 449 So.2d 969 (Fla. 5th DCA 1984). 2 The trial court's judgment and sentence are affirmed without prejudice to the defendant seeking credit for time served ......
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Boyd v. State, 84-137
...issue of proper credit for time previously served in a motion under Rule 3.850, Florida Rule of Criminal Procedure. See Jensen v. State, 449 So.2d 969 (Fla. 5th DCA 1984). DAUKSCH and FRANK D. UPCHURCH, JJ., concur. ...