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HERRICK v. STATE

No. 97-3313.

715 So.2d 1172 (1998)

Michael Alan HERRICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 28, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, Judge.

Herrick contends on this appeal that the court erred in not giving him credit for the time he spent on community control awaiting resentencing after our reversal of the downward departure sentence he originally received. See State. v. Herrick, 691 So.2d 540 (Fla. 5th DCA 1997). He relies on Fraser v. State, 602 So.2d 1299 (Fla.1992).

Although we find Fraser...

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