STEVEN VALDEZ, ETC., PETITIONER, TOM TRAMEL, SHERIFF, ETC., RESPONDENT; LAWRENCE A. DEMERS, PETITIONER,
v.
TOM TRAMEL, SHERIFF, ETC., RESPONDENTS; KEVIN J. ORY, PETITIONER, V. TOM TRAMEL, SHERIFF, ETC., RESPONDENTS
OVERTON, Justice.
These consolidated petitions seek review of McCaskill v. McMillan, 563 So. 2d 800 (Fla. 1st DCA 1990), in which the First District Court of Appeal certified the question presented regarding the interpretation of rule 3.133(b)(6),1 Florida Rules of Criminal Procedure, concerning the timely charging of defendants by indictment or information as a matter of great public importance. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. We answered this question m Bowens v. Tyson, 578 So. 2d 696 (Fla.1991), holding that rule 3.138(b)(6) does not mandate a defendant’s automatic release if the state files an information or indictment after the thirty-day filing period has expired but before the court hears the defendant’s motion for release. In accordance with Bowens, we approve the decision of the district court.
It is so ordered.
SHAW, C.J., and McDONALD, GRIMES and HARDING, JJ., concur. BARKETT, J., concurs specially with an opinion, in which KOGAN, J., concurs.
. This rule has been renumbered as rule 3.134, Florida Rules of Criminal Procedure. See In re Amendment to Fla.R.Crim.P. 3.133(b)(6) (PreTrial Release), 573 So. 2d 826 (Fla.1991).
BARKETT, Justice,
concurring specially.
I agree with the result for the reasons stated in my opinion in Bowens v. Tyson, 578 So. 2d 696 (Fla.1991) (Barkett, J., specially concurring).
KOGAN, J., concurs.
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Citator
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Jotonnia Hayes v. State, 69 So. 3d 1035 (Fla. 5th DCA 2011)…e.1 This appeal followed. It is correct that when a defendant’s probation is revoked while she is serving a true split sentence, the trial court may not impose a sentence that exceeds the remaining balance of the suspended sentence. Poore v. State, 581 So. 2d 161, 164 (Fla.1988); Boone v. State, 967 So. 2d 999, 1000-01 (Fla. 5th DCA 2007). However, a review of the plea colloquy and sentencing hearing supports the trial court’s ruling that Hayes was not given a true split sentence. The trial court accepted th…
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Drayton v. State, 549 So. 2d 698 (Fla. 4th DCA 1989)…ence “consisting of a total period of confinement with a portion of the confinement period suspended and the [appellant] placed on probation for that suspended portion” the appellant received what is known as a “true split sentence.” Poore v. State, 581 So. 2d 161, 164 (Fla. 1988). In Poore, the Florida Supreme Court explained that if a defendant originally receives a true split sentence: the sentencing judge in no instance may order new incarceration that exceeds the remaining balance of the withheld or sus…
Authorities Cited
- Bowens v. Tyson, 578 So. 2d 696 (Fla. 1991)
- In re Amendment TO Fla. Rules OF Crim. Procedure-Rule 3.133(b)(6) (Pretrial Release), 573 So. 2d 826 (Fla. 1991)
- Cleophus L. McCASKILL v. McMILLAN, 563 So. 2d 800 (Fla. 1st DCA 1990)