10-4387 ANTHONY J. DAVIS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 10-4387

Case Date: 06/02/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTHONY J. DAVIS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 2, 2011. An appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge. Anthony J. Davis, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-4387

PER CURIAM. Anthony J. Davis challenges an amendment to his judgment and sentence for circuit court case number 03-166. By this amendment of July 23, 2010, the trial

court reduced the amount of jail credit awarded by the original judgment and sentence of June 19, 2009. We have repeatedly held that jail credit cannot be rescinded after it has been awarded, even if the credit was awarded in error. See Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA 2004), Palmer v. State, 22 So. 3d 795 (Fla. 1st DCA 2009), and Session v. State, 37 So. 3d 873 (Fla. 1st DCA 2010). Accordingly, we reverse and remand for entry of a judgment and sentence reflecting the original award of jail credit. judgment and sentence is affirmed. AFFIRMED in part, REVERSED in part, and REMANDED. VAN NORTWICK, LEWIS, and ROBERTS, JJ., CONCUR. In other respects, the amended

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