MIMS v. STATE

No. 89-1830.

569 So.2d 864 (1990)

David MIMS, Etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 8, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.


W. SHARP, Judge.

David Mims appeals the correction of his sentence for armed robbery. The state agrees that the trial court should have given the appellant credit for whatever part of that sentence he had already served, in addition to the 170 days credited when the original sentence was imposed. The only issue disputed by the parties is whether the trial court's corrected sentence will unlawfully subject Mims to serving a sentence he has already completed.

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