White v. State

Full title: SADIKI S. WHITE, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jan 28, 1998

713 So. 2d 429 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-2826

Opinion filed January 28, 1998. JANUARY TERM, A.D. 1998

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge. L.T. No. 95-38862

Sadiki S. White, in proper person.

Robert A. Butterworth, Attorney General, and Maya S. Saxena, Assistant Attorney General, for appellee.

Before COPE, LEVY and SHEVIN, JJ.

CONFESSION OF ERROR

PER CURIAM.

We reverse the order denying defendant's motion to correct illegal sentence. Pursuant to the State's proper confession of error, this cause is remanded for the court to calculate the correct amount of credit to which defendant is entitled for time served in prison during the incarcerative portion of his original split sentence. Sainvilus v. State, 689 So.2d 1261 (Fla. 3d DCA 1997); see Tripp v. State, 622 So.2d 941 (Fla. 1993). The defendant's sentence shall be corrected to reflect the appropriate credit.

Order reversed, cause remanded.