Jones v. State

• Decision Date: 12 July 1996
• Docket Number: No. 96-256,96-256
• Parties: 21 Fla. L. Weekly D1622 James Anthony JONES, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 84

676 So.2d 84

21 Fla. L. Weekly D1622

James Anthony JONES, Appellant, v. STATE of Florida, Appellee.

No. 96-256.

District Court of Appeal of Florida,

Fifth District.

July 12, 1996.

Appeal from the Circuit Court for Orange County, Theotis Bronson, Judge.

James B. Gibson, Public Defender, and Dee R. Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, James Anthony Jones ["Jones"], seeks review of the denial by the lower court of his claim for credit for time served for the period of time from his erroneous release by the Department of Corrections to the date of his arrest. The state properly concedes that this case is controlled by our earlier decision in Drumwright v. State, 572 So.2d 1029 (Fla. 5th DCA 1991), and that appellant is entitled to the credit he seeks. Accordingly, we vacate the sentence and remand with the direction that Jones receive credit for the period from his release from prison on July 25, 1995 until his arrest on October 18, 1995.

Sentence VACATED and REMANDED.

DAUKSCH, GRIFFIN and THOMPSON, JJ., concur.