PEREZ V. STATE
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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 DAVID PEREZ, ** ** Appellant, ** vs. CASE NO. 3D03-1549 ** THE STATE OF FLORIDA, Appellee. ** ** LOWER TRIBUNAL CASE NO. 97-12417 Opinion filed February 4, 2004. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, Cecilia Altonaga, Judge. David Perez, in proper person. Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee. Before COPE, GODERICH, and FLETCHER, JJ., CONFESSION OF ERROR PER CURIAM. David Perez appeals from the trial court s order denying his motion pursuant to Florida Rule of Criminal Procedure 3.800(a), to apply credit for time served in prison to his new period of incarceration after revocation of community control. The state concedes that the motion should have been granted in part1 and our review of the record supports that conclusion. vacate the trial court s order and remand the We therefore cause with directions to grant Perez credit for all time served in prison and in county jail prior to being sentenced to his current period of incarceration.2 Vacated and remanded with directions. 1 Credit should be granted for the time Perez spent in prison, and not for the time he spent under house arrest. See Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993), rev. denied, 639 So. 2d 977 (Fla. 1994). 2 The state has indicated that it will obtain from the Department of Corrections verification of the actual time Perez spent in prison so that the proper credit will be applied. 2
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