# Brown v. State

> District Court of Appeal of Florida · December 11, 1984 · 9 Fla. L. Weekly 2594

URL: https://www.frixlaw.com/law-library/cases/7538025

## Case

- **Full name:** Matthew BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** December 11, 1984
- **Citations:** 9 Fla. L. Weekly 2594; 460 So. 2d 520; 1984 Fla. App. LEXIS 16658
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Jorgenson, Nesbitt, Schwartz
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7538025

## Opinion text

PER CURIAM.
We reverse the order denying the defendant’s motion filed pursuant to Rule 3.850, Florida Rules of Criminal Procedure. In Villery v. Florida Parole & Probation Commission, 396 So.2d 1107, 1112 (Fla. 1981), the supreme court held:
In modifying probation or in revoking probation and sentencing the probationer, credit must be given for time spent incarcerated pursuant to a split sentence probation order.
Contrary to the state’s contention, credit must be given on both counts for time served since the time being served was running concurrently on both counts. Cf. Shepard v. State, 459 So.2d 460 (Fla. 3d DCA 1984) {pre-sentence jail time can be allocated to two or more concurrent sentences in any manner the trial court sees fit). Accordingly, this cause is remanded to the trial court with directions to modify the sentences to reflect the appropriate credit for time served.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7538025. Public record. Not legal advice.