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FRISON v. STATE

No. 5D12-1502.

100 So.3d 1252 (2012)

Andre FRISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 16, 2012.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and David S. Morgan , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.

EVANDER, J.

Andre Frison ["Frison"] appeals the sentence that was imposed upon resentencing, arguing that he was not provided the proper credit for time served. We reverse and remand for an evidentiary hearing.

Frison was sentenced in 1989 to life in prison for sexual battery with a deadly weapon pursuant to section 794.011(3), Florida Statutes (1987).1 In 2011, he filed a rule 3.800 motion to correct illegal sentence, contending...

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