TOMIUK v. STATE

No. 95-2344.

663 So.2d 681 (1995)

Bernard TOMIUK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 1, 1995.


Attorney(s) appearing for the Case

Bernard Tomiuk, Orlando, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Hall, Assistant Attorney General, Daytona Beach, for Appellee.


ANTOON, Judge.

The defendant appeals the summary denial of his 3.800 motion to correct an illegal sentence, alleging that his sentence was illegal because he did not receive credit for the time he served in the county jail. We agree that the sentence was illegal and, therefore, reverse.

On June 8, 1993, the defendant was sentenced to a term of three years in prison followed by two years of community control for grand theft. The sentencing court awarded defendant...

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