5D00-2577 Haney v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-2577 Haney

Case Date: 06/11/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

JEFFERY J. HANEY, Appellant, v. Case No. 5D00-2577 STATE OF FLORIDA, Appellee. / Opinion filed June 15, 2001 Appeal from the Circuit Court for Orange County, Anthony H. Johnson, Judge. James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM. Jeffrey J. Haney appeals his sentence following resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla. 2000). We find no sentencing error and affirm. Haney contends, and the State concedes, that the trial court erred in calculating Haney's jail and prison credit at resentencing. We agree. Accordingly, we remand the matter so that the trial judge may amend the sentencing documents to allow Haney any jail or prison credit to which he may be entitled or, alternatively, to direct the Department of Corrections (DOC) to credit such time if the trial judge does not have accurate records of the time Haney has

been in DOC custody on this case. AFFIRMED IN PART AND REMANDED.

PETERSON, PLEUS and ORFINGER, R. B., JJ., concur.

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