HIGGS v. STATE

No. 98-979.

718 So.2d 377 (1998)

Paul W. HIGGS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 7, 1998.


Attorney(s) appearing for the Case

Paul W. Higgs, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before NESBITT, SHEVIN and SORONDO, JJ.


PER CURIAM.

Paul W. Higgs filed a motion pursuant to Florida Rule of Criminal Procedure 3.850 seeking an award of four hundred fifty (450) days of credit time served. The trial judge granted a total of three hundred twenty four (324) days. Higgs appeals.

The State has provided the actual dates of Higgs' incarceration for which he should be credited and concedes that the trial court erred. The State takes the position that the defendant is entitled to three...

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