Schmidt v. State

JOANOS, Judge.

Appellant was tried and convicted on a charge of robbery, and sentenced to ⅞-½ years incarceration, to be followed by an 8-year period of probation. The question raised in this appeal pertains to the award of credit for time appellant served in out-of-state custody prior to sentencing. We affirm the conviction and sentence, but remand for a determination of the appropriate award of credit for time served pursuant to section 921.161(1), Florida Statutes (1985).

The Office of the Public Defender was appointed to assist appellant on appeal. After an examination of the record, the…