Legal Opinion

MONTESINO v. State

District Court of Appeal of Florida

Decided August 4, 2010No. 3D10-1548Published

1Opinion of the CourtCope, J.

The question in this appeal is whether Victor Montesino is entitled to additional credit for time served under the decision in Tripp v. State, 622 So.2d 941 (Fla.1993). We conclude that the answer is yes, and reverse the order now before us.

Defendant-appellant Montesino entered a plea in Miami-Dade County circuit court case number 92-21641. He was placed on probation.

Thereafter, the defendant committed a new crime which was charged in Miami-Dade County circuit court case number 92-22450.

In 1993, the defendant was convicted in the new case and his probation was revoked in the old case. He was…

2Cases cited7 opinions

  1. Tripp v. StateSupreme Court of Florida · 1993
  2. Moore v. StateSupreme Court of Florida · 2004
  3. Cook v. StateSupreme Court of Florida · 1994
  4. State v. WitherspoonSupreme Court of Florida · 2002
  5. Priester v. StateDistrict Court of Appeal of Florida · 1998

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