RICHARD JOSEPH WILLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's jail time must be credited against the period of incarceration imposed as a condition of community control for attempted armed robbery, reversing the lower court's failure to grant such credit.
Jail time must be credited against the period of incarceration imposed as a condition of probation or community control.
[1] Jail time must be credited against a period of incarceration imposed as a condition of probation or community control, as there is no significant difference between such…
Previewing 1 of 1 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“there should be no significant difference between incarceration as a condition of probation and other sentencing alternatives involving incarceration”
The court explained the rationale for requiring jail time credit in probation-related incarceration sentences.
Willis was convicted of attempted armed robbery with a deadly weapon and sentenced to a period of incarceration as a condition of community control, b…
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WENTWORTH, Judge.
Appellant challenges the lower court’s failure to credit jail time against the period of incarceration which was imposed as a condition of community control for the offense of attempted armed robbery with a deadly weapon. This court has previously indicated that credit is not required in such circumstances. See Bracey v. State, 356 So. 2d 72 (Fla. 1st DCA 1978). This approach was consistent with the rationale of the supreme court’s subsequent ruling in Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1980). However, the court subsequently receded from Villery and suggested in Van Tassel v. Coffman, 486 So. 2d 528 (Fla.1986), that there should be no significant difference between incarceration as a condition of probation and other sentencing alternatives involving incarceration. While Van Tassel directly addressed entitlement to gain time, it has been construed to also require credit for jail time when a period of incarceration is imposed as a condition of probation. See Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988); see also, e.g., Kemp v. State, 526 So. 2d 214 (Fla. 5th DCA 1988); Meyers v. State, 524 So. 2d 745 (Fla. 5th DCA 1988). We likewise adopt this reasoning, and determine that appellant’s jail time should have been credited against the period of incarceration which was imposed as a condition of his community control.
The order appealed is reversed and the cause remanded for the court to credit jail time as indicated herein.
ERVIN and BOOTH, JJ., concur.
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Mathis v. State, 649 So. 2d 279 (Fla. 3d DCA 1995)…bationary term with a special condition that defendant serve 364 days in jail. See § 948.03(5), Fla.Stat. (1991). Such a sentence requires “credit for jail time when a period of incarceration is imposed as a condition of probation.” Willis v. State, 543 So. 2d 343, 343 (Fla. 1st DCA 1989); see also Springer v. State, 616 So. 2d 1105 (Fla. 5th DCA 1993); Hyatt v. State, 605 So. 2d 957 (Fla. 2d DCA 1992); Walker v. State, 543 So. 2d 343 (Fla. 1st DCA 1989). However, since it is possible to restructure this sent…1 / 2
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Barnes v. State, 74 So. 3d 1135 (Fla. 2d DCA 2011)…incorrectly denied his motion. “[A] probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence.” Williams v. State, 12 So. 3d 330, 330 (Fla. 2d DCA 2009) (citing Walker v. State, 543 So. 2d 343, 344 (Fla. 1st DCA 1989)); Powell v. State, 763 So. 2d 364, 366 (Fla. 4th DCA 1998) (“[A] defendant is entitled to credit for time spent in custody on the violation of probation charges, Morgan v. State, 528 So. 2d 991 (Fla. 4th DCA 1988), as well a…
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Arnaldo Tomas Gonzalez v. State, 678 So. 2d 433 (Fla. 3d DCA 1996)…claim made by the defendant with any merit is his contention that he should have received credit against his six year prison sentence for the 43 days he spent in the Dade County jail as a special condition of his community control. Willis v. State, 543 So. 2d 343 (Fla. 1st DCA 1989), makes it clear that for purposes of awarding credit for jail time served, there is no difference between incarceration imposed as a condition of probation and incarceration imposed as a condition of community control. Sentences…
Previewing 3 of 8 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)
- Peter v. VAN Tassel, 486 So. 2d 528 (Fla. 1986)
- Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988)
- Pensacola Beach Realty, Inc. v. Fla. Real Est. Comm'n, 356 So. 2d 72 (Fla. 1st DCA 1978)
- Kemp v. State, 526 So. 2d 214 (Fla. 5th DCA 1988)
- Meyers v. State, 524 So. 2d 745 (Fla. 5th DCA 1988)