SMITH v. STATE

No. 93-2401.

634 So.2d 225 (1994)

Frank A. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 24, 1994.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Sr. Asst. Atty. Gen., Office of Atty. Gen., Tallahassee, for appellee.


ERVIN, Judge.

This is an appeal from an order denying appellant's motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800. Because the trial court failed to properly credit appellant's sentence for attempted burglary with time previously served, we reverse and remand with directions to grant the motion and correct appellant's sentence.

Appellant was convicted of attempted burglary, a third degree felony, fleeing a police...

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