SAMUEL DEAN HART, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the revocation of community control but reversed the excessive sentence imposed.
Defendant was convicted of armed robbery and accessory after the fact, sentenced as a youthful offender, violated community control, and received a si…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Revocation Of Community Control cases and more on FLexlaw
PER CURIAM.
Defendant was convicted on charges of armed robbery and accessory after the fact and was sentenced as a youthful offender to concurrent terms of four years incarceration followed by two years community control on each charge. Thereafter, an affidavit for violation of the community control program was filed against him. Defendant pleaded nolo contendere to the violation. The court revoked the community control and sentenced defendant to twenty years imprisonment on the armed robbery charge and four years on the other charge to run concurrently. We affirm the revocation of community control but reverse the sentence imposed.
Defendant first contends that the trial court was without jurisdiction to revoke the community control. We disagree. See Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984).
However, we agree with defendant’s second contention that the sentence was excessive. Section 948.06, Florida Statutes (1983), provides that upon revocation of a defendant’s community control program, the trial court may “impose any sentence which it might have originally imposed before placing the ... offender into community control.” See also § 958.14, Fla.Stat. (1983). This court recently held in a factually similar case that a youthful offender could receive a maximum of four years of incarceration (with appropriate jail credit) and ... two years of community control. Crosby, at 608.
Upon remand the defendant, of course, should be given proper credit for time served. See State v. Jones, 327 So. 2d 18 (Fla.1976); Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981).
Reversed and remanded for proceedings consistent herewith.
RYDER, C.J., and OTT and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Arnette, 604 So. 2d 482 (Fla. 1992)…on 958.04(2)(c) and (d), Florida Statutes), contrary to the holdings in Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986); Timothy Crosby v. State, 475 So. 2d 1034 (Fla. 1st DCA 1985); Lane v. State, 470 So. 2d 30 (Fla. 5th DCA 1985); Hart v. State, 463 So. 2d 491 (Fla. 2d DCA 1985); Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); James Crosby (II) v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), rev. denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406…
-
Lane v. State, 470 So. 2d 30 (Fla. 5th DCA 1985)…im in prison. Spurlock v. State, 449 So. 2d 973 (Fla. 5th DCA 1984), pet. for rev. den., 466 So. 2d 212 (Fla.1985) and Bradley v. State, 462 So. 2d 24 (Fla. 5th DCA 1984) authorize such a procedure and sanction for violators. See also Hart v. State, 463 So. 2d 491 (Fla. 2d DCA 1985); Moore v. State, 463 So. 2d 406 (Fla. 3d DCA 1985); Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984) (on motion for rehearing); Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA…
-
Arnette v. State, 566 So. 2d 1369 (Fla. 5th DCA 1990)…t limitation applied to sentencing after a revocation of probation. See Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986); Timothy Crosby v. State, 475 So. 2d 1034 (Fla. 1st DCA 1985); Lane v. State, 470 So. 2d 30 (Fla. 5th DCA 1985); Hart v. State, 463 So. 2d 491 (Fla. 2d DCA 1985); Clem v. State, 462 So. 2d 1134 (Fla. 4th DCA 1984); James Crosby (II) v. State, 462 So. 2d 607 (Fla. 2d DCA 1985); Ellis v. State, 436 So. 2d 342 (Fla. 1st DCA 1983), rev. denied, 443 So. 2d 980 (Fla.1984); Brandle v. State, 406…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Loveless v. Bryson, 460 So. 2d 942 (Fla. 2d DCA 1984)
- Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)
- Crosby v. State, 462 So. 2d 607 (Fla. 2d DCA 1985)