ESPINOSA V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 ARISTIDES ESPINOSA, ** ** Appellant, CASE NO. 3D01-1232 ** vs. ** THE STATE OF FLORIDA, Appellee. ** ** LOWER TRIBUNAL CASE NOS. 94-38354 94-38051 94-36352 Opinion filed September 19, 2001. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Dade County, Pedro P. Echarte, Jr., Judge. Aristides Espinosa, in proper person. Robert A. Butterworth, Attorney General, for appellee. Before SCHWARTZ, C.J., and FLETCHER, and RAMIREZ, JJ. PER CURIAM. Aristides Espinosa asserts that he should have been given credit for time spent in prison for his original offenses prior to his re-arrest and resentencing upon violation of community control. The State concedes that if Espinosa did not waive his prison credit at resentencing, he must be given credit for that time. We remand this cause to the trial court to determine the appropriate credit for time served to be applied to the actual sentence Espinosa was to receive under his plea upon violation of community control, and to resentence Espinosa accordingly. present for resentencing. Reversed and remanded. 2 The defendant need not be

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