Legal Opinion

Martin v. State

District Court of Appeal of Florida

Decided January 19, 1996No. 95-832PublishedCited by 1 opinion

1Per curiam

Appellant is not entitled to credit for time served in various probation and restitution centers. See Smith v. State, 619 So.2d 994 (Fla. 3d DCA 1993); Turner v. State, 395 So.2d 1242 (Fla. 1st DCA 1981). However, the judgment must be corrected to reflect conviction of a third-degree felony rather than a second-degree felony. Finally, the trial court erroneously revoked appellant’s probation and sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so re-*455fleet. Appellant need not be present for…

2Cases cited3 opinions

  1. Smith v. StateDistrict Court of Appeal of Florida · 1993
  2. Turner v. StateDistrict Court of Appeal of Florida · 1981
  3. Davis v. StateDistrict Court of Appeal of Florida · 1980

3Cited by1 opinion

  1. Ford v. StateDistrict Court of Appeal of Florida · 1999

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