Victoria Roman v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2012 VICTORIA ROMAN, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D11-1034 [August 8, 2012] PER CURIAM. In the order denying Roman s motion for post-conviction relief, the trial court fully adopted the state s written response to Roman s motion. However, in the state s written response, the state conceded that Roman was entitled to ninety-seven days jail credit. The trial court did not grant the jail credit or explain why the state s concession of error was incorrect. Therefore, we reverse the trial court s order and remand for further proceedings. We affirm all other aspects of the order. Reversed in part and affirmed in part. HAZOURI, DAMOORGIAN and CIKLIN, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Sandra Perlman, Judge; L.T. Case Nos. 08-17715 CF10A and 07-3193 CF10A. Michael D. Gelety, Fort Lauderdale, for appellant. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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