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337 So. 2d 848

DeLaughter v. State

District Court of Appeal of Florida

Decided October 1, 1976

District Court of Appeal of Florida · decided 1976-10-01

Relies on 327 So. 2d 219 - Ivey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-10-01

How this case has been cited

Cited by 21 later decisions — most recently March 2019

1 federal appellate · 2 district · 14 state decisions

9019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Appellant was found guilty of possession of L.S.D. Two resultant periods of probation, the second an extension of the first after the first had been violated, entailed a total of eighteen months jail time as conditions of probation. A final revocation of the probation resulted in the instant sentence of two years in the state penitentiary. It undisputedly appears that he was not given credit for the aforementioned eighteen months served as conditions of probation. He should have been given it. Ivey v. State (Fla.1976), 327 So.2d 219.

¶2In view thereof, the cause is remanded with directions that the sentence herein be recorded to reflect credit for time served as conditions of the previous two periods of probation. While it is, of course, not necessary that appellant be present for such purpose, in view of the fact that the two-year sentence will about be terminated on the giving of such credit most prompt notice of the amended sentence ought be given to the Division of Corrections as well as to appellant.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.
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