FELLMAN v. STATE

No. 96-982.

673 So.2d 155 (1996)

Daniel R. FELLMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 14, 1996.


Attorney(s) appearing for the Case

Daniel R. Fellman, Brooksville, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for appellee.


W. SHARP, Judge.

This is an appeal of the summary denial of a Rule 3.850 motion. Appellant claims that the trial court failed to properly award credit for the successful completion of community control and probation, resulting in a total penalty exceeding the statutory maximum of five years. We agree.

Appellant was placed on probation for five years on February 9, 1990. On February 3, 1993, after appellant had successfully completed almost three years of probation...

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