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622 So. 2d 1133

Bailey v. State

District Court of Appeal of Florida

Decided August 13, 1993

District Court of Appeal of Florida · decided 1993-08-13

Relies on 622 So. 2d 941 - Tripp v. State

Decided 1993-08-13

DAUKSCH, Judge.

¶1This is an appeal from a sentence. In Tripp v. State, 622 So.2d 941 (Fla.1993), the court held that persons who are sentenced to incarceration followed by probation and who later violate that probation must be given credit for the time first served. That was not done here because the sentencing judge had no way to know Trippwould so decide.

¶2SENTENCE VACATED; REMANDED.

COBB and PETERSON, JJ., concur.
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