Lowndes v. State

The appellant appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant asserts an entitlement to prison credit for time served on the incarcerative portion of his split sentence against the prison sentence imposed upon him for violating probation. For the reasons discussed below, we reverse and remand for further proceedings.

"When a defendant is resentenced for violating probation, he is entitled to prison credit for all time served on that charge prior to resentencing. Nix v. State, 941 So.2d 568 (Fla. 1st DCA…