Legal Opinion

Averill v. State

District Court of Appeal of Florida

Decided February 9, 1989No. 88-798PublishedCited by 1 opinion

1Opinion of the Court

COBB, Judge.

In the instant case the appellant, Barbara E. Averill, challenges the sufficiency of the evidence to support revocation of her probation and also contends that her re-commitment sentence fails to reflect credit for time previously served on the incarcera-tive portion of her split sentence preceding probation. We affirm the revocation but find that the trial court failed to properly credit appellant with time previously served, a point conceded by the state. Accordingly, we remand for resentencing with full credit for time previously served. See Franklin v. State, 526 So.2d 159…

2Cases cited1 opinion

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

3Cited by1 opinion

  1. Skipper v. StateDistrict Court of Appeal of Florida · 1989

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