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Mizelle v. State, Case No. 1D08-977 (Fla. App. 6/12/2009) (Fla. App., 2009)

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MARK MIZELLE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 1D08-977. District Court of Appeal of Florida, First District. Opinion filed June 12, 2009.An appeal from the Circuit Court for Leon County, Kathleen F. Dekker, Judge. Michael Ufferman, Tallahassee, for Appellant. Bill McCollum, Attorney General, Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant appeals the sentence entered upon his revocation of probation. Appellant argues that the trial court erred in imposing an illegal sentence because the probationary sentence imposed for counts 122-200, combined with previous time served in jail, exceeds the maximum statutory sentence for the underlying felony. The State concedes that Appellant is entitled to additional credit for time previously served in jail...continue to full post

Full post as published by Florida Criminal Law Opinions on June 12, 2009 (boomark / email).