Averill v. State

¶1In the instant case the appellant, Barbara E. Averill, challenges the sufficiency of the evidence to support revocation of her probation and also contends that her re-commitment sentence fails to reflect credit for time previously served on the incarcera-tive portion of her split sentence preceding probation. We affirm the revocation but find that the trial court failed to properly credit appellant with time previously served, a point conceded by the state. Accordingly, we remand for resentencing with full credit for time previously served. See Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988).