MAYES v. STATE

No. 94-69.

640 So.2d 161 (1994)

Gary Edward MAYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 29, 1994.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

The lower court erred in the manner in which it conducted appellant's sentencing on this violation of probation. When appellant asserted his claim to entitlement to more credit for time served than was announced by the trial court, the court withdrew its announced probationary sentence with a condition of county jail time and sentenced appellant to the maximum permitted range of thirty months in the Department of Corrections. A defendant is entitled, however...

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