STATE OF FLORIDA, APPELLANT,
v.
JOHN LEE COLLINS, JR., APPELLEE
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PER CURIAM.
We agree with the State of Florida’s contention that the trial court erred by awarding the appellee, John Lee Collins, Jr., credit for time served on community control. When sentencing the appellee for the crime which caused appellee to be placed on community control and for the crime which was the basis for revoking that community control, the trial court awarded the appellee credit for the 273 days he had served on community control. This was error. Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988). See also Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989); State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989). We, accordingly, affirm the judgments and sentences but remand with instructions to strike the award of the credit for time served on community control. Affirmed and remanded with instructions.
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
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Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)…rol shall be considered as any part of the time that he shall be sentenced to serve.” Generally, a defendant is not entitled to credit for time served on community control against any term of incarceration subsequently imposed. See State v. Collins, 585 So. 2d 454 (Fla. 2d DCA 1991); Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989); State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989); Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988). However, as we have pointed out, this general rule has now been modifi…
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Lorenzo v. State, 637 So. 2d 376 (Fla. 3d DCA 1994)…PER CURIAM. Affirmed. Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993); Smith v. State, 619 So. 2d 994 (Fla. 3d DCA 1993); State v. Collins, 585 So. 2d 454 (Fla. 2d DCA 1991); Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988).…
Authorities Cited
- Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988)
- State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989)
- Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989)
- Narcisco Rodriguez v. State, 553 So. 2d 1331 (Fla. 3d DCA 1989)