State v. Bray

The State of Florida appeals from the trial court’s resentencing of the defendant on his conviction for aggravated assault *156with a firearm. The State argues that the trial court improperly included time the defendant spent on community control as credit towards his three-year mandatory minimum sentence. We agree that this was error and that the only time that should have been credited towards the defendant’s three-year mandatory minimum sentence was the time the defendant actually spent in custody. We therefore reverse and remand for resentencing.

A jury found the defendant guilty of aggravated…