JUAN JOSE DELGADO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Delgado appealed the revocation of his probation and resulting sentences. The appellate court affirmed the probation revocation but struck two unsupported findings regarding firearm possession and remanded for resentencing to ensure proper jail time credit.
The probation revocation is affirmed, but the findings regarding firearm possession are stricken as unsupported by evidence. The trial court must conduct a hearing on remand to determine actual jail time served and provide appropriate credit for that time against the current sentences.
[1] Findings in an order revoking probation may be stricken if unsupported by the evidence.
[2] A trial court must grant appropriate credit for jail time served on original split sentences when imposing new sentences.
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Join FLexlaw to unlock all legal intelligence“The findings in the order under review that the appellant (a) possessed a firearm without the consent of his probation supervisor, and (b) possessed a concealed firearm, are stricken as being unsupported by the evidence.”
Establishes that the appellate court struck the firearm possession findings due to lack of evidentiary support.
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Join FLexlaw to unlock all legal intelligenceDelgado was on probation under split sentences. He was alleged to have possessed a firearm without probation supervisor consent and to have possessed …
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PER CURIAM.
The order revoking the appellant’s probation is affirmed with one modification. The findings in the order under review that the appellant (a) possessed a firearm without the consent of his probation supervisor, and (b) possessed a concealed firearm, are stricken as being unsupported by the evidence. Upon remand in this cause, the trial court shall strike such findings from the order under review. Williams v. State, 375 So. 2d 867 (Fla. 2d DCA 1979); Brouillett v. State, 373 So. 2d 449 (Fla. 2d DCA 1979).
The sentences imposed in this case are affirmed with one modification. It appears that the appellant may not have been given full credit for the jail time he served on the original split sentences as a special condition of probation.
The trial court credited the appellant with 52 days of prior jail incarceration; the record however, seems to support appellant’s contention that he served approximately seven (7) months in jail (August 22,1980 — March 20,1981) on the original split sentences. Upon remand, the trial court should conduct a hearing to determine the time actually served in jail by the appellant on the original split sentences and to give the appellant appropriate credit for this jail time on the sentences under review. Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107, 1112 (Fla.1980); State v. Jones, 327 So. 2d 18, 25 (Fla.1976); Schell v. State, 379 So. 2d 444 (Fla. 3d DCA 1980).
The appellant need not be present at this hearing upon remand. Meintzer v. State, 399 So. 2d 133, 135 (Fla. 5th DCA 1981); DeForest v. State, 356 So. 2d 52, 53 (Fla. 1st DCA 1978).
Affirmed as modified and remanded for further proceedings.
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Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)…8 So. 2d 800 (Fla. 5th DCA), rev. denied, 419 So. 2d 1201 (Fla.1982); Dowda v. State, 417 So. 2d 1147 (Fla. 5th DCA 1982); Jablonskis v. State, 422 So. 2d 356 (Fla. 5th DCA 1982); Waite v. State, 423 So. 2d 529 (Fla. 5th DCA 1982); Delgado v. State, 423 So. 2d 603 (Fla. 3d DCA 1982); Lamar v. State, 443 So. 2d 414 (Fla. 4th DCA 1984); Hampton v. State, 446 So. 2d 1171 (Fla. 5th DCA 1984); Scott v. State, 447 So. 2d 1002 (Fla. 5th DCA 1984); Jensen v. State, 449 So. 2d 969 (Fla. 5th DCA 1984); Spurlock v. Stat…
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Wright v. State, 471 So. 2d 155 (Fla. 3d DCA 1985)…We therefore reverse his sentence on revocation of probation and remand with directions for the trial court to give the defendant credit for the time he served on the original sentence. See State v. Jones, 327 So. 2d 18 (Fla.1976); Delgado v. State, 423 So. 2d 603 (Fla. 3d DCA 1982); Schell v. State, 379 So. 2d 444 (Fla. 3d DCA 1980). Affirmed in part, reversed in part, and remanded. . Several hours after the defendant’s arrest, the victim, who resided in the same neighborhood where defendant had been arres…
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Fernander v. State, 434 So. 2d 24 (Fla. 3d DCA 1983)…er revoking probation upon a holding that (1) because no evidence whatsoever was adduced at the revocation hearing to support the three technical violations, the court’s findings in respect to these violations must be stricken, see Delgado v. State, 423 So. 2d 603 (Fla. 3d DCA 1982), and (2) while there was evidence presented tending to show that some unidentified and unde-scribed person had attempted to gain entry into the building in question, the defendant’s presence half a block away from the building in…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)
- Schell v. State, 379 So. 2d 444 (Fla. 3d DCA 1980)
- Brouillett v. State, 373 So. 2d 449 (Fla. 2d DCA 1979)
- Bloyd v. State, 373 So. 2d 449 (Fla. 2d DCA 1979)
- DeFOREST v. State, 356 So. 2d 52 (Fla. 1st DCA 1978)
- Williams v. State, 375 So. 2d 867 (Fla. 2d DCA 1979)