BAKER v. STATE

No. 94-00202.

652 So.2d 431 (1995)

Emmet W. BAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 17, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender and John S. Lynch, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ron Napolitano, Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Emmet Baker seeks review of the sentence the trial court imposed after he violated his probation. He contends it exceeds the statutory maximum sentence because he was not awarded credit for time previously served on probation and in jail. We agree, reverse and remand for resentencing.

In May 1988, Baker pleaded no contest to a charge of lewd and lascivious assault on a child under the age of sixteen, a second degree felony. §...

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