Smith v. State, 96-207

• Decision Date: 07 August 1996
• Docket Number: No. 96-207,96-207
• Court: Florida District Court of Appeals
• Parties: 21 Fla. L. Weekly D1777 Harold SMITH, Appellant, v. The STATE of Florida, Appellee.

Page 422

677 So.2d 422

21 Fla. L. Weekly D1777

Harold SMITH, Appellant, v. The STATE of Florida, Appellee.

No. 96-207.

District Court of Appeal of Florida,

Third District.

Aug. 7, 1996.

An Appeal from the Circuit Court for Dade County, Maynard A. Gross, Judge.

Bennett H. Brummer, Public Defender and Donald Tunnage, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, Michael J. Neimand and Fleur J. Lobree, Assistant Attorney Generals, and Alan A. Glenn, Certified Legal Intern, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

We affirm the portion of the revocation order finding that the defendant violated his probation. However, as the State properly concedes, the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So.2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So.2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the defendant's credit for time served and remand to the trial court for a determination of the proper credit for time served.

Affirmed, in part; reversed, in part; and remanded with directions.