FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-1910
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LAWRENCE GEORGE ROBINSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Escambia County.
John L. Miller, Judge.
July 29, 2019
PER CURIAM.
Lawrence George Robinson raises two issues on appeal:
(a) whether the trial court’s determination that he violated
probation was based solely on hearsay, and (b) whether his
sentence should be corrected to reflect an award of 104 days jail
credit. We affirm as to the first issue, but reverse and remand as
to the second. As the State concedes, the amended judgment and
sentence did not reflect the corrected jail credit of 104 days’ time
served and should be corrected on remand. See McCool v. State,
211 So. 3d 304 (Fla. 1st DCA 2017) (explaining that a “defendant
is entitled to an award of credit for all time spent in jail prior to
sentencing in a violation of probation case, which includes all time
spent in jail prior to original sentencing plus all time spent in jail
prior to any subsequent violation sentencings.”) (quoting Jenkins
v. State,
749 So. 2d 527, 528 (Fla. 1st DCA 1999)).
REVERSED and REMANDED for resentencing.
MAKAR, WINOKUR, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Joel Arnold, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Barbara Debelius, Assistant
Attorney General, Tallahassee, for Appellee.
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