DAVIS v. STATE (1997)

District Court of Appeal of Florida,Third District.

Tyrone DAVIS, Appellant, v. The STATE of Florida, Appellee.

No. 97-1352.

Decided: November 05, 1997

Before NESBITT, GERSTEN and GREEN, JJ.

Tyrone Davis, in pro. per. Robert A. Butterworth, Attorney General, and Maya S. Saxena, Assistant Attorney General, for appellee.

On the State's confession of error as well as our independent review of the record, we reverse the summary denial of appellant's postconviction motion to correct his sentence. When appellant was sentenced for violating his community control, the trial court erroneously failed to credit him for time served in prison during the incarcerative portion of his original split sentence. “[A] prisoner who is sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison, prior to commencement of the probationary term.” Sainvilus v. State, 689 So.2d 1261 (Fla. 3d DCA 1997). See Tripp v. State, 622 So.2d 941, 942 (Fla.1993); Manning v. State, 696 So.2d 1186 (Fla. 3d DCA 1996); Smith v. State, 685 So.2d 1362, 1363 (Fla. 2d DCA 1996); Black v. State, 623 So.2d 641 (Fla. 3d DCA 1993).

Accordingly, the matter is remanded to the trial court for correction of the sentencing order under review.

PER CURIAM.

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