JEFFREY SANTIAGO, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JEFFREY SANTIAGO, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-0398 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 26, 2013. An appeal from the Circuit Court for Duval County. J. Bradford Stetson, Judge. Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee; Matt Lufrano, Assistant Public Defender, Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant argues that the trial court erred in reducing his jail credit for time served after the original sentencing hearing. The State concedes that the trial court erred. See Davis v. State, 63 So. 3d 847 (Fla. 1st DCA 2011) ( [J]ail credit cannot be rescinded after it has been awarded, even if the credit was awarded in error. ). Accordingly, we REVERSE and REMAND for entry of a judgment and sentence reflecting the original award of jail credit for time served. ROBERTS, WETHERELL, and MARSTILLER, JJ., CONCUR. 2

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