JAMES MILES A/K/A ERROL BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We align ourselves with the second district, Buckle v. State, 528 So. 2d 1285 (Fla. 2d DCA 1988); Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986), and the first district, Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988); Reams v. State, 528 So. 2d 558 (Fla. 1st DCA 1988), in holding that the maximum sentence a court may impose after revocation of a youthful-offender’s probation or community control is the six-year limitation period of the statute. § 958.14, Fla.Stat. (1987).
On a second point we hold that, upon revocation of the release to community control, a defendant is entitled to credit for all the time served in incarceration pri-or to the revocation. Richards v. State, 521 So. 2d 292, 293 (Fla. 1st DCA 1988); Pendergrass v. State, 487 So. 2d 35, 36 (Fla. 4th DCA 1986).
Reversed and remanded for resentencing in accordance with these holdings.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (12 total)
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State v. Watts, 558 So. 2d 994 (Fla. 1990)…la. 3d DCA 1989) (on rehearing), review granted, No. 74,608 (Fla. Dec. 26, 1989);2 Boffo v. State, 543 So. 2d 435 (Fla. 2d DCA 1989); Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989), review granted, No. 74,212 (Fla. Oct. 9, 1989); Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988), review granted, 544 So. 2d 201 (Fla.1989);3 Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988); Reams v. State, 528 So. 2d 558 (Fla. 1st DCA 1988); Buckle v. State, 528 So. 2d 1285 (Fla. 2d DCA 1988); Watson v. State, 528 So. 2d 10…
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Johnson v. State, 536 So. 2d 270 (Fla. 3d DCA 1988)…PER CURIAM. Reversed on the authority of Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988).…
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Warren v. State, 542 So. 2d 429 (Fla. 3d DCA 1989)…r a period longer than the maximum sentence for the offense for which he was originally found guilty, whichever is less. Dixon v. State, Case No. 87-1795, (Fla. 3d DCA April 18,1989); Hall v. State, 536 So. 2d 268 (Fla. 3d DCA 1988); Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988); Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988). Consequently, the sentence must be vacated on this ground. Third, and finally, defendant contends, and the state concedes, that defendant was denied credit for time served in…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Watson v. State, 528 So. 2d 101 (Fla. 1st DCA 1988)
- Brown v. State, 492 So. 2d 822 (Fla. 2d DCA 1986)
- Jemal Reams v. State, 528 So. 2d 558 (Fla. 1st DCA 1988)
- Buckle v. State, 528 So. 2d 1285 (Fla. 2d DCA 1988)
- Lenden Alvin Pendergrass v. State, 487 So. 2d 35 (Fla. 4th DCA 1986)
- Richards v. State, 521 So. 2d 292 (Fla. 1st DCA 1988)