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574 So. 2d 157

Perko v. State

District Court of Appeal of Florida

Decided November 14, 1990

District Court of Appeal of Florida · decided 1990-11-14

Cited by 2 later decisions — most recently October 1991

2 state decisions

Key passage — most relied on by later courts

“DID CREDIT GRANTED FOR TIME SERVED ACCORD WITH THE HOLDING IN DANIELS V. STATE, 491 So.2d 543 (FLA. 1986), WHEN, IN IMPOSING ON DEFENDANT CONCURRENT SENTENCES FOR VIOLATION OF PROBATION ON A PRIOR GRAND THEFT CONVICTION AND FOR COCAINE POSSESSION COMMITTED WHILE ON THAT PROBATION, THE TRIAL COURT GAVE DEFENDANT CREDIT TOWARD THE SENTENCE FOR COCAINE POSSESSION ONLY FOR TIME IN JAIL WHILE AWAITING DISPOSITION OF THAT CHARGE, WHILE ALLOWING ADDITIONALLY TOWARD THE PROBATION VIOLATION SENTENCE TIME PREVIOUSLY SERVED AS A CONDITION OF PROBATION ON THE GRAND THEFT CONVICTION?”

quoted by 1 later decision, including 588 So. 2d 980 - State v. Perko

Relies on 547 So. 2d 925 - State v. Green · 491 So. 2d 543 - Daniels v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-11-14

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant has appealed from the denial of his Rule 3.800(a) motion for correction of sentence. We find merit in appellant’s contentions and thus remand this cause to the trial court for correction of appellant’s concurrent sentences so that all may reflect all time served and gain time acquired when appellant was. originally jailed and imprisoned for the grand theft offense, as well as any jail time served following appellant’s April 1, 1990, arrest. See Daniels v. State, 491 So.2d 543 (Fla.1986); State v. Green, 547 So.2d 925 (Fla.1989).

¶2REVERSED AND REMANDED.

DOWNEY, DELL and WALDEN, JJ., concur.

¶3ON PETITION FOR REHEARING

¶4Appellee’s petition for rehearing is granted and our opinion of November 14,1990, is modified to include certification of the following question, which we consider to be one of great public importance:

DID CREDIT GRANTED FOR TIME SERVED ACCORD WITH THE HOLDING IN DANIELS. V. STATE, 491 SO.2D 543 (FLA.1986), WHEN, IN IMPOSING ON DEFENDANT CONCURRENT SENTENCES FOR VIOLATION OF PROBATION ON A PRIOR GRAND THEFT CONVICTION AND FOR COCAINE POSSESSION COMMITTED WHILE ON THAT PROBATION, THE TRIAL COURT GAVE DEFENDANT CREDIT TOWARD THE SENTENCE FOR COCAINE POSSESSION ONLY FOR TIME IN JAIL WHILE AWAITING DISPOSITION OF THAT CHARGE, WHILE ALLOWING ADDITIONALLY TOWARD THE PROBA*158TION VIOLATION SENTENCE TIME PREVIOUSLY SERVED AS A CONDITION OF PROBATION ON THE GRAND THEFT CONVICTION?
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