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661 So. 2d 962

Murgia v. State

District Court of Appeal of Florida

Decided October 25, 1995

District Court of Appeal of Florida · decided 1995-10-25

Relies on 642 So. 2d 742 - Carder v. State · State v. Roundtree

Good law ✅— No negative treatment on recordhow we know

Decided 1995-10-25

How this case has been cited

Cited by 10 later decisions — most recently August 2015

10 state decisions

70199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1In 1992, the defendant entered into a negotiated plea for the possession of cocaine, a third-degree felony, § 893.13(l)(f), Fla.Stat. (1991), carrying a statutory maximum of five years imprisonment, § 775.082(3)(d), Fla. Stat. (1991). He was adjudicated guilty and placed on probation. Thereafter, the defendant was found guilty of four successive violations of probation for which he ultimately received sentences in excess of the term of five years. Furthermore, the trial court failed to credit defendant for time already served. This was error. State v. Summers, 642 So.2d 742 (Fla.1994); State v. Roundtree, 644 So.2d 1358 (Fla.1994). Accordingly, the trial court’s order of April 18, 1995 is vacated with directions that the defendant be resentenced with the trial court giving sufficient credit for time served, not exceeding a maximum of five years.

¶2Vacated and remanded.

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