ROBERT LEWIS COPELAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
The probationary split sentence imposed on appellant is not illegal. See Poore v. State, 531 So. 2d 161 (Fla.1988); Carter v. State, 552 So. 2d 203 (Fla. 1st DCA 1989). However, the trial court did err by sentencing appellant in excess of the one-cell bump-up for probation violation. See Lambert v. State, 545 So. 2d 838 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989). Additionally, the trial court erred by failing to give appellant credit for all earned gain-time. See Green v. State, 547 So. 2d 925 (Fla.1989); Melvin v. State, 553 So. 2d 312 (Fla. 1st DCA 1989).
AFFIRMED in part, and REVERSED in part, and REMANDED for the purpose of resentencing appellant either within the guidelines range or within the one-cell bump-up, with appropriate credit to be allowed for all previously earned gain-time.
SHIVERS, C.J. and NIMMONS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Latham v. State, 596 So. 2d 140 (Fla. 1st DCA 1992)…onary split sentence, is entitled to credit for the total sentence, notwithstanding that the defendant received an early release. State v. Green, 547 So. 2d 925, 926 (Fla.1989); Bolden v. State, 557 So. 2d 630 (Fla. 1st DCA 1990); Copeland v. State, 553 So. 2d 384 (Fla. 1st DCA 1989). Similarly, the total of the incarcerative and probationary periods of a split sentence may not exceed the term provided by general law. Roache v. State, 547 So. 2d 706, 707 (Fla. 1st DCA 1989). Further, where a sentencing scheme…
Authorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Franklin v. State, 545 So. 2d 851 (Fla. 1989)
- Carter v. State, 552 So. 2d 203 (Fla. 1st DCA 1989)
- Alexander v. State, 553 So. 2d 312 (Fla. 1st DCA 1989)
- Melvin v. State, 553 So. 2d 312 (Fla. 1st DCA 1989)