Perko v. State, 574 So. 2d 157 (Fla. 4th DCA 1990). · Go Syfert
Perko v. State, 574 So. 2d 157 (Fla. 4th DCA 1990). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Anderson v. State (fladistctapp, 1991-09-18)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Anderson v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Perko v. State, 574 So.2d 157 (Fla. 4th DCA 1990).
Retrieving the full opinion text from the archive…
Michael J. PERKO
v.
STATE of Florida
No. 90-1959.
District Court of Appeal of Florida, Fourth District.
Nov 14, 1990.
574 So. 2d 157
Michael J. Perko, Arcadia, pro se., Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
Dell, Downey, Walden.
Cited by 2 opinions  |  Published

Lead Opinion

PER CURIAM.

Appellant has appealed from the denial of his Rule 3.800(a) motion for correction of sentence. We find merit in appellant’s contentions and thus remand this cause to the trial court for correction of appellant’s concurrent sentences so that all may reflect all time served and gain time acquired when appellant was. originally jailed and imprisoned for the grand theft offense, as well as any jail time served following appellant’s April 1, 1990, arrest. See Daniels v. State, 491 So.2d 543 (Fla.1986); State v. Green, 547 So.2d 925 (Fla.1989).

REVERSED AND REMANDED.

DOWNEY, DELL and WALDEN, JJ., concur.

Rehearing

ON PETITION FOR REHEARING

Appellee’s petition for rehearing is granted and our opinion of November 14,1990, is modified to include certification of the following question, which we consider to be one of great public importance:

DID CREDIT GRANTED FOR TIME SERVED ACCORD WITH THE HOLDING IN DANIELS. V. STATE, 491 SO.2D 543 (FLA.1986), WHEN, IN IMPOSING ON DEFENDANT CONCURRENT SENTENCES FOR VIOLATION OF PROBATION ON A PRIOR GRAND THEFT CONVICTION AND FOR COCAINE POSSESSION COMMITTED WHILE ON THAT PROBATION, THE TRIAL COURT GAVE DEFENDANT CREDIT TOWARD THE SENTENCE FOR COCAINE POSSESSION ONLY FOR TIME IN JAIL WHILE AWAITING DISPOSITION OF THAT CHARGE, WHILE ALLOWING ADDITIONALLY TOWARD THE PROBA[*158] TION VIOLATION SENTENCE TIME PREVIOUSLY SERVED AS A CONDITION OF PROBATION ON THE GRAND THEFT CONVICTION?