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CHARLES v. STATE

No. 5D98-871.

770 So.2d 761 (2000)

Mark CHARLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 2000.

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 Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

Prior report: Fla., 763 So.2d 316.

PER CURIAM.

Maddox v. State, 760 So.2d 89 (Fla.2000) classifies the failure to award jail credit for time previously served when sentencing a defendant as fundamental error even when the failure is unpreserved by an objection at the sentencing hearing. In the instant case, the State concedes the applicability of Maddox. Accordingly, we vacate...

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