Legal Opinion

Gerald v. State

District Court of Appeal of Florida

Decided August 4, 2004No. 3D04-623PublishedCited by 2 opinions

1Opinion of the Court

Confession of Error

2Per curiam

Shannon Demetrious Gerald appeals an order denying his motion to correct illegal sentence whereby he sought additional credit for time served. Pursuant to the State’s confession of error, we remand for further proceedings.

Defendant-appellant Gerald served a split sentence of incarceration followed by community control. He violated community control and was sentenced to six years in prison. The sentencing order granted credit for 468 days of jail time served, but did not award credit for time previously served in the Florida Department of Corrections.

The State concedes that…

3Cases cited2 opinions

  1. Andrews v. StateDistrict Court of Appeal of Florida · 2002
  2. Newman v. StateDistrict Court of Appeal of Florida · 2004

4Cited by2 opinions

  1. Williams v. ALBERTSON'S INC.District Court of Appeal of Florida · 2004
  2. Hardenbrook v. StateDistrict Court of Appeal of Florida · 2007

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