GALLINAT v. STATE

No. 5D06-1322.

941 So.2d 1237 (2006)

Miguel Jose GALLINAT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 17, 2006.


Attorney(s) appearing for the Case

Miguel Jose Gallinat, DeFuniak Springs, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.


ON MOTION FOR REHEARING

LAWSON, J.

We grant rehearing, vacate our prior opinion, and substitute the following:

Miguel Jose Gallinat appeals from an order determining the amount of jail credit to which he is entitled in three cases. We affirm, and hold that when sentencing documents erroneously over-report the amount of jail time actually served by a defendant prior to sentencing, and the error is apparent on the face of the record, double jeopardy...

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