RILEY v. STATE

No. 1D11-1792.

103 So.3d 274 (2012)

Eddie RILEY, Appellant, v. STATE Of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 27, 2012.


Attorney(s) appearing for the Case

James C. Hankinson , Judge.

Paula Coffman , Special Assistant Regional Conflict Counsel, Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, and Samuel A. Perrone , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PADOVANO, J.

This is an appeal from an order denying a motion under rule 3.800(b) of the Florida Rules of Criminal Procedure. We conclude that the trial court erred by failing to give the defendant credit for the time he served in prison before his conviction was vacated and the case was remanded for a new trial. Accordingly, we reverse with instructions to grant the motion and apply the proper credit for time served.

The defendant, Eddie L. Riley, was charged...

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