Legal Opinion

ELBAZ v. State

District Court of Appeal of Florida

Decided August 19, 2009No. 4D08-4297Published

1Per curiam

Appellant brought two claims in a motion filed under Florida Rule of Criminal Procedure 3.800(a). First, he alleges that he did not receive proper credit for time spent in jail in Dade and Broward counties in two cases — one from 2002, for which he was placed on probation, and another from 2006, which was used to violate his probation. Second, he contends that his violation of probation sentence is illegal because he was not given credit for the time he served on probation when the court imposed a split sentence on October 18, 2007.

We reverse and remand for the trial court to reconsider the…

2Cases cited4 opinions

  1. Waters v. StateSupreme Court of Florida · 1995
  2. Meader v. StateDistrict Court of Appeal of Florida · 1995
  3. McPherson v. StateDistrict Court of Appeal of Florida · 2000
  4. Bonilla v. StateDistrict Court of Appeal of Florida · 2004

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