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566 So. 2d 526

Docket No. 89-2869.

Lee v. State

Lewey V. LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1990-09-12

Cited by 3 later decisions — most recently February 2010

3 state decisions

Key passage — most relied on by later courts

“still entitled to have court records accurately reflect the total time he served in jail.”

quoted by 1 later decision, including Fernandez v. State

Relies on 547 So. 2d 925 - State v. Green

Good law ✅— No negative treatment on recordhow we know

Decided 1990-09-12

View the full empirical analysis of this case →

On Motion for Clarification September 12, 1990.

¶1Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.

¶3*527 PER CURIAM.

¶4This is an appeal of the trial court's denial of appellant's rule 3.800 motion to correct his sentence.

¶5We reverse on the authority of State v. Green,547 So.2d 925 (Fla. 1989), and remand with directions to grant appellant full credit for the eighteen months period of incarceration he previously served, in addition to time served awaiting disposition of his violation of probation.

¶6REVERSED AND REMANDED WITH DIRECTIONS.

¶7HERSEY, C.J., and ANSTEAD and GARRETT, JJ., concur.

¶8

ON MOTION FOR CLARIFICATION

¶9PER CURIAM.

¶10We treat the State's Motion of Rehearing/Suggestion of Mootness as a motion for clarification. We grant the motion and clarify our opinion of July 11, 1990 as follows:

¶11Although appellant is now out of jail, he is still entitled to have the court records accurately reflect the total time he served in jail. The trial court should credit appellant with the time he served for the original offense and the time he served awaiting the disposition of his violation of probation. Appellant need not be present when the trial court carries out our directions.

¶12HERSEY, C.J., and ANSTEAD and GARRETT, JJ., concur.

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