TERRENCE KEITH JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Terrence Keith Johnson appealed judgments and sentences following revocation of his community control on multiple drug and burglary charges. The court affirmed his convictions but reversed and remanded the sentencing orders for correction regarding jail-time credit allocation and the proper sequencing of split sentences.
The court affirmed Johnson's convictions but reversed and remanded the sentencing orders. When a defendant receives pre-sentence jail-time credit on a concurrent sentence, that credit must be reflected in all concurrent sentences. Additionally, the nonincarcerative portion of a split sentence must immediately follow the incarceration portion.
[1] A trial court's revocation of community control may be affirmed even if sentencing orders require correction.
[2] When a defendant receives pre-sentence jail-time credit on a sentence that runs concurrently with other sentences, those concurrent sentences must also reflect credit for…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“when a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served”
Establishes the rule requiring consistent application of jail-time credits across concurrent sentences, citing Daniels v. State
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohnson pled nolo contendere to two counts of sale of marijuana (cases 84-5686 and 84-5687), receiving six months in jail followed by two years of com…
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PER CURIAM.
Appellant appeals the judgments and sentences in three separate cases following the trial court’s revocation of appellant’s community control. We affirm appellant’s conviction but reverse and remand for correction and clarification of the sentencing orders.
Appellant pled nolo contendere in two cases, 84-5686 and 84-5687, charging appellant with sale of marijuana. The trial court sentenced appellant to six months in jail followed by two years of community control.
In case number 86-3501, a jury found appellant guilty of burglary of a conveyance and possession of burglary tools. The trial court revoked appellant’s community control for failing to live at liberty without violating the law and for failing to comply with the community control officer’s instructions.
The trial court sentenced appellant in case number 86-3501, to four years’ incarceration on the burglary count, followed by one year of probation after release from confinement. Appellant received jail-time credit of seven months and twelve days on this count.
On the possession of burglary tools count, the trial court sentenced appellant to four years’ incarceration, to run consecutive to the period of incarceration for bur; glary. Appellant received no jail-time credit on this count.
Next, the court sentenced appellant in case number 84-5686, to four years’ incarceration for the sale of marijuana, to run consecutive to the sentence in case number 86-3501. In case number 84-5687, the trial court sentenced appellant to four years’ incarceration for the sale of marijuana, to run concurrently with the sentence in case number 84-5686. Appellant received jail-time credit of seven months and twelve days in case number 84-5687 but not in case number 84-5686.
In Daniels v. State, 491 So. 2d 543 (Fla.1986), the Florida Supreme Court found that when a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served. Under Lanier v. State, 504 So. 2d 501 (Fla. 1st DCA 1987), the nonincarcerative portion of a sentence must immediately follow the prison sane tion when the defendant receives a split sentence.
The sentencing orders below are reversed and remanded for correction and/or clarification in accordance with applicable law.
BOOTH, WIGGINTON and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Lanier v. State, 504 So. 2d 501 (Fla. 1st DCA 1987)