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630 So. 2d 658

Nieves v. State

District Court of Appeal of Florida

Decided January 14, 1994

District Court of Appeal of Florida · decided 1994-01-14

Cited by 2 later decisions — most recently August 1994

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1994-01-14

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PER CURIAM.

¶1Owing no doubt to the large number and variety of appellant’s offenses, it appears there are certain errors in sentencing that require correction. Appellant was erroneously sentenced on Count III in Case 92-76 because the court had failed to sentence him on that count at his first sentencing. He thus could not be resentenced on that count for violating probation. He must receive a legal sentence nunc pro tunc to March 24, 1992. Aso, in case No. 91-1871, the court should have imposed the legal portion of the original sentence, which was four years, not five. The remaining sentences appear correct.1

¶2Judgment AFFIRMED; sentences VACATED in part and REMANDED.

HARRIS, C.J., GRIFFIN and DIAMANTIS, JJ., concur.

¶3. Appellant's claim for time served credit has no merit.

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