ERIC ALLAN CHAITMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to credit for all time served prior to sentencing, applied to each concurrent sentence, but not for time spent at the Probation and Restitution Center.
Appellant was convicted of four counts of burglary, placed on probation, and later had his probation revoked. He served time before sentencing and aft…
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SHARP, Judge.
We affirm Chaitman’s appeal from an order revoking probation and a judgment imposing concurrent sentences for four counts of burglary in all regards except the failure of the trial court to credit all four sentences with the full amount of the time appellant served in prison prior to sentencing. Appellant served 207 days before being placed on probation and 26 days following his arrest for violation of probation. He is therefore entitled to a total of 233 days credit;1 and he is entitled to have such credit applied to each of his four concurrent sentences.2 We agree with the state that Chaitman is not entitled to any credit for the 118 days he spent at the Probation and Restitution Center.3
AFFIRMED IN PART; REMANDED TO CORRECT SENTENCES.
ORFINGER and COBB, JJ., concur. . Kirkman v. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985); § 921.161(1), Fla.Stat.(1985).
. Daniels v. State, 491 So. 2d 543 (Fla.1986).
. Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979), cert. denied, 383 So. 2d 1202 (Fla.1980); State v. Jones, 327 So. 2d 18 (Fla.1976), overruled in part on other grounds, State v. Holmes, 360 So. 2d 380 (Fla.1978); § 948.06(2), Fla. Stat.(1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1988)…though he may not have served that full time because of gain time credit. There is no merit to this contention. He is entitled to credit only for the actual time spent in jail or prison. State v. Holmes, 360 So. 2d 380 (Fla.1978); Chaitman v. State, 495 So. 2d 1231 (Fla. 5th DCA 1986). See also Walker v. State, 506 So. 2d 78 (Fla. 1st DCA 1987); Hutchinson v. State, 467 So. 2d 788 (Fla. 2d DCA 1985). He is not entitled to credit for time spent on probation or community control, Holmes, and what he requests wou…
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Richards v. State, 521 So. 2d 292 (Fla. 1st DCA 1988)…ail time served, including that which preceded his release on community control. Kirkman v. Wainwright, 465 So. 2d 1262, 1263 (Fla. 5th DCA 1985) (emphasis supplied). Accord Crosby v. State, 487 So. 2d 416, 418 (Fla. 2d DCA 1986); Chaitman v. State, 495 So. 2d 1231, 1232 (Fla. 5th DCA 1986). Therefore, if the allegations of Richards’ motion be taken as true, it appears that the trial court erred in refusing to credit him with the time spent incarcerated before he was released on community control in April 1986…
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Phillips v. State, 651 So. 2d 203 (Fla. 5th DCA 1995)…is revoked and a term of incarceration is imposed. See Ogden v. State, 605 So. 2d 155, 158-159 (Fla. 5th DCA 1992) (§ 948.06(2) does not apply when defendant is placed on community control or probation in lieu of being sentenced); Chaitman v. State, 495 So. 2d 1231 (Fla. 5th DCA 1986) (defendant served 207 days in prison before being placed on probation, which was revoked; upon re-sentencing defendant was entitled to credit for time served in prison, but was not entitled to credit for the 118 days he spent on…
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
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979)
- Kirkman v. Louie L. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985)