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Macker v. State
Citations: 759 So. 2d 742; 2000 Fla. App. LEXIS 6538; 2000 WL 690319Docket: No. 3D00-601
Court: District Court of Appeal of Florida; May 31, 2000; Florida; State Appellate Court
Joseph Macker appeals the denial of his post-conviction relief motion under Rule 3.800 of the Florida Rules of Criminal Procedure, claiming he was not properly credited for time served during his probation violation sentencing. The state acknowledges that Macker was incorrectly awarded 5,197 days of credit instead of the 7,813 days he was entitled to. The appellate court agrees with this assessment and remands the case for the correct credit allocation. Additionally, the state proposes that the trial court should have the opportunity to impose an additional five years of sentencing to reflect its original intent, but this suggestion is rejected based on precedent from Cook v. State. The court reverses the prior decision and remands with specific instructions for correction.