ERIC SPIVEY v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed March 2, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1647
Lower Tribunal No. F12-7599
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Eric Spivey,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Eric Spivey, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, GORDO and BOKOR, JJ.
ON MOTION FOR REHEARING
PER CURIAM.
Upon consideration of Appellant’s Motion for Rehearing, we grant
rehearing and withdraw the opinion of January 26, 2022, consider
Appellant’s timely filed initial brief and substitute the following opinion in its
place.
Affirmed. See Cregg v. State, 43 So. 3d 818, 821 (Fla. 1st DCA 2010)
(“When a consecutive sentence is pronounced, the defendant is not entitled
to credit for time served on an antecedent sentence.” (citing Daniels v. State,
491 So.2d 543, 545 (Fla.1986))).
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