JUSTIN TRUETTE v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JUSTIN TRUETTE, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF, IF FILED. CASE NO. 1D04-4534 STATE OF FLORIDA, Appellee. _________________________/ Opinion filed November 30, 2005. An appeal from an order from the circuit court for Leon County. James Hankinson, Judge. M. Lilja Dandelake of Frank E. Sheffield, P.A., Tallahassee, Attorneys for Appellant. Charlie Crist, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, Attorneys for Appellee. PER CURIAM. Appellant alleges that the trial court failed to award him the proper amount of jail credit. The State concedes that Appellant is entitled to additional credit. Because Appellant served time in jail as a special condition of his probation, he is entitled to credit for that time upon his sentencing for violation of probation. Appellant is entitled to 180 days of jail credit on count two in case number 03-1443 and 60 days of jail credit on count one in case number 03-1729. Appellant s sentence is reversed and remanded with the above instructions. REVERSED and REMANDED. KAHN, C.J., and HAWKES and THOMAS, JJ., CONCUR. -2-

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