JOHN ARTHUR WARGO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a sentence for marijuana sale but remanded for the trial court to determine whether the defendant was entitled to credit for 89 days of jail time served as a condition of probation.
A trial court must credit a defendant with jail time served as a condition of probation when imposing a sentence upon revocation of that probation.
[1] A trial court must credit a defendant with jail time served as a condition of probation when imposing a sentence upon revocation of that probation.
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Join FLexlaw to unlock all legal intelligenceWargo pleaded nolo contendere to sale of marijuana and was placed on probation for four years with a condition to spend the first nine months in jail.…
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ROBERT P. SMITH, Jr., Judge.
This is an appeal from the trial court’s denial of Wargo’s Rule 3.850 motion to correct a sentence. On his plea of nolo conten-dere to a charge of sale of marijuana, War-go was placed on probation for four years on condition, among others, that he spend the first nine months of probation in the Okaloosa County jail. Wargo’s probation was later revoked, and he was sentenced to a two and a half year term on the underlying charge. Wargo alleges that in imposing sentence the trial court failed to credit or otherwise take into consideration 89 days of jail time spent pursuant to the probation order against the sentence. Florida law requires that a court must give a defendant credit for any jail time served as a condition of probation. State v. Jones, 327 So. 2d 18 (Fla.1976); Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979).
It is not clear whether the sentencing court took that jail time into consideration. The judgment is AFFIRMED but the case is REMANDED to the trial court for reconsideration of War-go’s credit for time served. If the court finds that Wargo is entitled to credit for time served, the sentence shall be reduced accordingly. The appellant need not be present at the reconsideration proceeding.
BOOTH, J., and WOODIE A. LILES (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 414 So. 2d 280 (Fla. 1st DCA 1982)…rred in not apportioning Nelson’s sentence and in not taking into consideration in its written order credit for time already served. Dorfman v. State, 351 So. 2d 954 (Fla.1977); Robinson v. State, 407 So. 2d 1038 (Fla. 1st DCA 1981); Wargo v. State, 393 So. 3d 3 (Fla. 1st DCA 1980). Consequently, we reverse and remand for resentencing in accordance with this opinion. BOOTH and WENTWORTH, JJ., concur.…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979)