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DEEL v. STATE

No. 86-1764.

508 So.2d 527 (1987)

Ricky Nelson DEEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 11, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

After his prior conviction was reversed1 the appellant pled nolo contendere and was resentenced. The sole contention on this appeal is that the trial court erred in failing to give proper credit for time served pursuant to § 921.161(1), Florida Statutes. This issue should be first raised in the trial court by motion pursuant to Florida Rule of Criminal Procedure 3.850 for the reasons explained in Meintzer v. State...

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