STATE v. SMITH

No. 87-399.

525 So.2d 461 (1988)

STATE of Florida, Appellant, v. John Jay SMITH, Appellee.

District Court of Appeal of Florida, First District.

May 11, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Kurt L. Barch, Asst. Atty. Gen., for appellant.

Michael E. Allen, Public Defender, and Maria Ines Suber, Asst. Public Defender, for appellee.


MILLS, Judge.

The state appeals from a sentence of imprisonment for attempted possession of a firearm by a convicted felon. It contends the trial court erred in awarding the defendant credit for time spent in jail as a condition of probation imposed for an earlier offense. We reverse.

In 1985, John Jay Smith pled nolo contendere to burglary of a structure and grand theft. He was placed on probation for five years with the special condition that he serve 364...

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