STATE OF FLORIDA, APPELLANT,
v.
THOMAS C. FOLSOM, APPELLEE
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GOSHORN, Judge.
In 1984, Thomas Clifton Folsom pled nolo contendere to two separate counts of lewd and lascivious assault. The trial court sentenced him to 6 years in the Department of Corrections on the first count and placed him on 3 years’ consecutive probation on the second. Folsom served his prison term. He began his term of probation and subsequently admitted to violating it. The trial court then sentenced Folsom within the guidelines to 10 years in the Department of Corrections, allowing credit for the 6 years’ incarceration previously served on the first sentence. The State appeals this allowance of credit for time served on the prior sentence against a separate and distinct consecutive sentence. The State is correct and we reverse. See State v. Rodgers, 540 So. 2d 872 (Fla. 4th DCA 1989).
REVERSED and REMANDED for the entry of a corrected sentence.
COBB and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tripp v. State, 622 So. 2d 941 (Fla. 1993)…72 So. 2d 947 (Fla. 5th DCA 1990); Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990); Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990), review denied, 576 So. 2d 289 (Fla.1991); Harris v. State, 557 So. 2d 198 (Fla. 2d DCA 1990); State v. Folsom, 552 So. 2d 1194 (Fla. 5th DCA 1989); State v. Rodgers, 540 So. 2d 872 (Fla. 4th DCA 1989). However, the court expressed concern that its holding might conflict with the spirit of the sentencing guidelines and the limitations on sentencing imposed by this Court in S…
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State v. Tripp, 591 So. 2d 1055 (Fla. 2d DCA 1991)…credit for time served on the separate conviction. Our decision follows similar decisions of the Fourth and Fifth Districts. Sylvester v. State, 572 So. 2d 947 (Fla. 5th DCA 1990); Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990); State v. Folsom, 552 So. 2d 1194 (Fla. 5th DCA 1989); State v. Rodgers, 540 So. 2d 872 (Fla. 4th DCA 1989). Because the sentencing method approved in this case is not expressly recognized in Poore v. State, 531 So. 2d 161 (Fla.1988), and may conflict with the spirit of the sentenci…
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Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990)…e time served in case number 87-928, which bears no relationship to case number 87-939 other than having been included in the same score sheet when originally sentenced. The trial court properly applied the rule plainly set forth in State v. Folsom, 552 So. 2d 1194 (Fla. 5th DCA 1989). AFFIRMED. W. SHARP, and HARRIS, JJ., concur.…
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- State v. Rodgers, 540 So. 2d 872 (Fla. 4th DCA 1989)