Not overruled or negatively treated on appealinfoCoverage
District Court of Appeal of Florida, Fourth DistrictOct 19, 2007
967 So. 2d 970 (Fla. Dist. Ct. App. 2007)

No. 4D07-3860.

October 19, 2007.

Petition for writ of habeas corpus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 2004CF009842B02.

Carey Haughwout, Public Defender, Daniel Cohen and Scott Berry, Assistant Public Defenders, West Palm Beach, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for respondents.

We grant the petition for writ of habeas corpus and remand to the circuit court where petitioner shall receive credit for 888 days time served against his violation of probation sentence. We note that the anomaly described in Lee v. State, 884 So.2d 460 (Fla. 4th DCA 2004), has been corrected by legislative amendment. See Adderly v. State, 958 So.2d 997 (Fla. 5th DCA 2007) (describing the effect of Chapter 06-270, § 1, Laws of Florida, effective July 1, 2006).

GUNTHER, KLEIN and GROSS, JJ., concur.