Salvador Rodriguez-Malagon v. the State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMay 6, 2020
Docket3D20-0390
StatusPublished
๐ฐ News Coverage: Read the LAWS.com news report on this case
Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 6, 2020.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-390
Lower Tribunal No. 14-6300
________________
Salvador Rodriguez-Malagon,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the
Circuit Court for Miami-Dade County, Laura Shearon Cruz, Judge.
Salvador Rodriguez-Malagon, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, C.J., and FERNANDEZ and LINDSEY, JJ.
PER CURIAM.
Affirmed. Thomas v. State, 260 So. 3d 558, 558-59 (Fla. 3d DCA 2019)
(recognizing that โ[a]s a general rule, a defendant โsentenced to a probationary split
sentence who violates probation and is resentenced to prison is entitled to credit for
all time actually served in prison prior to his release on probation unless such credit
is waivedโโโ) (quoting Gonzalez v. State, 194 So. 3d 380, 382 (Fla. 3d DCA 2016))
(emphasis added) (additional citation omitted).
2