ROBERT EARL GORDON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in failing to grant the appellant credit for time spent in jail from the date of his arrest on a new charge until the probation revocation hearing.
Appellant was jailed on a burglary charge while on probation. An affidavit alleging probation violation based on the burglary charge was served. The c…
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McCORD, Judge.
Appellant seeks review of the trial court’s denial of his motion to correct sentence. We reverse.
On May 1, 1979, while on probation, appellant was jailed on a charge of burglary on which he was subsequently acquitted. On May 26, 1979, while appellant remained in jail on the burglary charge, an affidavit alleging a violation of probation on the basis of the burglary charge was served on appellant. Pursuant to that affidavit, the trial court held a probation revocation hearing on August 17, 1979, at the conclusion of which the court found appellant had violated his probation conditions. Thereupon, the trial court adjudicated appellant guilty of the original charge and sentenced him to five years in prison with credit time given only for 10 months which appellant earlier had spent in jail as a condition of his probation.
In his motion to correct sentence, appellant argued that the trial court had improperly failed to grant him credit for the time he spent in jail after his May 1 arrest on the subsequent burglary charge. We find that the trial court erred in not giving appellant credit for time served from May 1, 1979, to August 17, 1979, in that he was held during that entire time on the charge which prompted the revocation of his probation. § 921.161, Fla.Stat., and Voulo v. Wainwright, 290 So. 2d 58 (Fla.1974).
REVERSED and REMANDED for resentencing in light of this opinion.
MILLS, C. J., and BOOTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kendrigan v. State, 941 So. 2d 529 (Fla. 4th DCA 2006)…s for the revocation of probation in the instant cases. Louis v. State, 797 So. 2d 1281, 1282 (Fla. 4th DCA 2001); Thompson v. Wainwright, 447 So. 2d 383 (Fla. 4th DCA 1984); Pauldo v. State, 390 So. 2d 125, 126 (Fla. 4th DCA 1980); Gordon v. State, 379 So. 2d 1022 (Fla. 1st DCA 1980). See also Voulo v. Wainwright, 290 So. 2d 58 (Fla.1974) (explaining that a defendant cannot be on parole and in jail at the same time). If this is the case, appellant should receive credit from the date of his arrest for the new…
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DeWayne Lee Bruner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981)…WENTWORTH, Judge. Bruner appeals the denial of his motion to correct sentence contending he is entitled to additional jail time credit pursuant to the principles enunciated in Voulo v. Wainwright, 290 So. 2d 58 (Fla.1974) and Gordon v. State, 379 So. 2d 1022 (Fla. 1st DCA 1980). These cases indicate that a defendant is entitled to jail time credit for the period of time he was held on the charge which prompted the revocation of his probation. However, it is well settled that a defendant, being held on n…
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Washington Louis v. State, 797 So. 2d 1281 (Fla. 4th DCA 2001)…right, 447 So. 2d 383 (Fla. 4th DCA 1984) (“when a defendant is arrested and placed in jail while on probation or parole, he is entitled to credit for time served on his original charge once his probation or parole is revoked....”); Gordon v. State, 379 So. 2d 1022 (Fla. 1st DCA 1980) (holding it was error not to give a defendant credit for time spent in jail where he was held on a charge that prompted revocation of his probation). We, therefore, reverse on this issue and remand with directions that an order b…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Voulo v. Louie L. Wainwright, 290 So. 2d 58 (Fla. 1974)