Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided January 19, 1988No. 87-321PublishedCited by 1 opinion

1Per curiam

As the state concedes, the sentence on appeal, which was imposed pursuant to a revocation of probation, erroneously failed to give the defendant credit for the time previously served as a condition of the original term of probation. See Ivey v. State, 327 So.2d 219 (Fla.1976). Accordingly, after remand, the trial court will determine the period actually served by the defendant in this respect and grant him credit for that time.

*967In addition, the order of revocation shall be amended to strike the reference to a violation of “condition (2)” of the probationary order which, since the trial court…

2Cases cited2 opinions

  1. Ivey v. StateSupreme Court of Florida · 1976
  2. Diaz v. StateDistrict Court of Appeal of Florida · 1984

3Cited by1 opinion

  1. Hall v. StateDistrict Court of Appeal of Florida · 1988

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