DAVIS v. STATE

No. 97-1352.

701 So.2d 119 (1997)

Tyrone DAVIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 5, 1997.


Attorney(s) appearing for the Case

Tyrone Davis, in pro. per.

Robert A. Butterworth, Attorney General, and Maya S. Saxena, Assistant Attorney General, for appellee.

Before NESBITT, GERSTEN and GREEN, JJ.


PER CURIAM.

On the State's confession of error as well as our independent review of the record, we reverse the summary denial of appellant's postconviction motion to correct his sentence. When appellant was sentenced for violating his community control, the trial court erroneously failed to credit him for time served in prison during the incarcerative portion of his original split sentence. "[A] prisoner who is sentenced to prison for violating probation which constitutes...

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