TONY MEGO SYLVESTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by resentencing the defendant for grand theft convictions for which he had already served his sentence and for which no probation was imposed.
[1] A defendant is not entitled to credit for time served on one offense when resentenced for a different offense following revocation of probation, even if the original sent…
[2] A trial court violates double jeopardy rights by resentencing a defendant for an offense for which the defendant has already served the incarceration term and for which n…
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of grand theft and burglary, sentenced to prison for grand theft and probation for burglary, violated probation, and was r…
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PETERSON, Judge.
Tony Mego Sylvester appeals his sentence imposed following revocation of probation for an admitted probation violation. We affirm in part and reverse in part.
Sylvester was adjudicated guilty of two counts of grand theft and two counts of burglary of a dwelling. He was sentenced to concurrent terms of three and a half years of incarceration for the two grand theft charges followed consecutively by concurrent terms of ten years of probation for the two burglary charges. After his release from prison, Sylvester violated the conditions of his probation. Sylvester’s probation was revoked, and the trial court thereupon sentenced Sylvester to concurrent terms of four and a half years of incarceration for the two burglary counts and four and a half years of incarceration for the two counts of grand theft.
Sylvester argues that, in resentencing on the burglary convictions, the court should have given him credit for the time he served originally on the grand theft convictions. This argument is without merit. See State v. Folsom, 552 So. 2d 1194 (Fla. 5th DCA 1989). As Sylvester notes, if a court imposes a straight prison term for one offense followed by a straight probation term for another offense, the application of the sentencing guidelines in resentencing following revocation of probation can lead to a harsher penalty than if split sentences had been imposed originally for each offense. Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990); Folsom, 552 So. 2d 1194.
Sylvester correctly argues that the court violated his double jeopardy rights by sentencing him again for the two counts of grand theft since he had already served the sentence for these two offenses; no probation had been imposed with respect to those offenses. The court could not again sentence him for those offenses.
We affirm the sentence imposed for the burglary convictions and vacate the sentence imposed for the two grand thefts.
AFFIRMED in part; sentence VACATED in part.
COBB and GRIFFIN, 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)…sentence imposed by the trial judge was the result of two separate convictions and that Tripp was not entitled to credit for time served on the first conviction after the revocation of probation for the second conviction. Accord Sylvester v. State, 572 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 11…
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State v. Tripp, 591 So. 2d 1055 (Fla. 2d DCA 1991)…e, 557 So. 2d 198 (Fla. 2d DCA 1990), we reverse the sentence and remand for resen-tencing without jail 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…
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Cook v. State, 635 So. 2d 70 (Fla. 1st DCA 1994)…onary term(s) were imposed using a single scoresheet, we certify this question to the supreme court as a matter of great public importance. AFFIRMED. BOOTH and MINER, JJ., concur. . Cook v. State, 622 So. 2d 979 (Fla.1993). . Sylvester v. State, 572 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 1…
Authorities Cited
- Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990)
- State v. Folsom, 552 So. 2d 1194 (Fla. 5th DCA 1989)