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Xiques v. State

District Court of Appeal of Florida, Second District
Apr 18, 1979
369 So. 2d 1007 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-181.

April 18, 1979.

Appeal from Circuit Court, Hillsborough County; Harry Lee Coe, III, Judge.

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.


Emilio Xiques, Jr., appeals the summary denial of his motion for credit reduction of sentence brought pursuant to Fla.R.Crim.P. 3.850. In his motion appellant sought to have the trial judge credit his sentence with time served before the date he was sentenced. We reverse.

The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1977). Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975).

The order denying appellant relief on his motion is reversed, and the case is remanded for correction of the sentence.

GRIMES, C.J., and RYDER and DANAHY, JJ., concur.


Summaries of

Xiques v. State

District Court of Appeal of Florida, Second District
Apr 18, 1979
369 So. 2d 1007 (Fla. Dist. Ct. App. 1979)
Case details for

Xiques v. State

Case Details

Full title:EMILIO XIQUES, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 18, 1979

Citations

369 So. 2d 1007 (Fla. Dist. Ct. App. 1979)

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