Legal Opinion

Spitalieri v. State

District Court of Appeal of Florida

Decided July 8, 2011No. 5D10-232Published

1Per curiam

We affirm Eugenio Spitalieri’s convictions of two counts of manslaughter with a firearm and the consecutive fifteen-year sentences imposed as a consequence. See Contreras-Mayahua v. State, 40 So.3d 861 (Fla. 4th DCA 2010).

We accept the State’s concession of error regarding Spitalieri’s motion to correct his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(b). The State concedes that Spitalieri is entitled to 586 days of credit for time served instead of the 583 days that the court awarded. The State further concedes that the $1 First Step and $30 drug testing costs must be…

2Cases cited5 opinions

  1. State v. WilliamsSupreme Court of Florida · 1998
  2. Dadds v. StateDistrict Court of Appeal of Florida · 2006
  3. Grubb v. StateDistrict Court of Appeal of Florida · 2006
  4. Contreras-Mayahua v. StateDistrict Court of Appeal of Florida · 2010
  5. Velez-Pizzini v. StateDistrict Court of Appeal of Florida · 2011

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