TESNEY v. STATE

No. 93-01725.

647 So.2d 222 (1994)

Fred M. TESNEY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 14, 1994.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


LAZZARA, Judge.

Fred Tesney appeals the trial court's sentencing departure order following revocation of his probation, as well as the failure to award him proper credit for time previously served in prison. We conclude that the trial court's reasons for departure were invalid and that the record does not reflect a proper award of jail credit. Accordingly, we reverse and remand for further proceedings.

Tesney was convicted by a jury of multiple counts of grand...

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