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BROWN v. STATE

No. 84-2198.

460 So.2d 520 (1984)

Matthew BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 11, 1984.

Attorney(s) appearing for the Case

Matthew Brown, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

PER CURIAM.

We reverse the order denying the defendant's motion filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. In Villery v. Florida Parole & Probation Commission, 396 So.2d 1107, 1112 (Fla. 1981), the supreme court held:

In modifying probation or in revoking probation and sentencing the probationer, credit must be given for time spent incarcerated pursuant to a split sentence probation order...

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