BOBBY WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's conviction for burglary and resisting arrest was affirmed, but the case was remanded to determine whether he received proper credit for time served and gain-time earned on his original sentence when subsequently sentenced for probation violation.
When sentencing for violation of probation, the trial court must credit the defendant with time served and gain-time accrued during any earlier imprisonment for the offense underlying the violation.
[1] When sentencing a defendant for violation of probation, the trial court must credit the defendant with all time served and gain-time accrued during any earlier imprisonme…
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Join FLexlaw to unlock all legal intelligence“when sentencing for the violation of probation, the trial court must give the defendant credit for time served and gain-time accrued during any earlier imprisonment for the offense underlying the violation of probation”
Court citing Perko v. State, 588 So. 2d 980, 981 (Fla.1991), which cited State v. Green, 547 So. 2d 925 (Fla.1989)
Washington was convicted of burglary of an occupied structure and resisting arrest, sentenced to 15 months in prison plus one year probation. While on…
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PER CURIAM.
In case numbers 90-1168 and 90-1279, appellant was originally convicted of burglary of an occupied structure and resisting arrest without violence, and was sentenced to a total of 15 months in prison followed by one year of probation. He contends that he served the 15-month prison sentence and was released on probation. While on probation he was charged with a new burglary and with grand theft (Case No. 90-2887) and with violation of probation. Subsequently, he pled guilty to the new offenses as well as the violation of probation and was sentenced to concurrent 4x/2-year sentences. It is not clear, however, that he was credited in case numbers 90-1168 and 90-1279 with any of the time served on the original 15-month sentence or with any gain-time he earned while serving that sentence.
In Perko v. State, 588 So. 2d 980, 981 (Fla.1991), the supreme court stated that it had held, in State v. Green, 547 So. 2d 925 (Fla.1989), that “when sentencing for the violation of probation, the trial court must give the defendant credit for time served and gain-time accrued during any earlier imprisonment for the offense underlying the violation of probation_” (Emphasis original.)
Accordingly, we relinquish jurisdiction to the trial court for a period of thirty days with directions to determine the amount of time appellant served in Case Numbers 90-1168 and 90-1279 on his original 15-month sentence, and the amount of gain-time he earned, and to credit him with that amount of time on the sentences imposed for the violation of probation.
DOWNEY, GARRETT and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carter v. State, 611 So. 2d 623 (Fla. 4th DCA 1993)…TS, Judge. Without further comment, we vacate the probation violation sentence and remand this cause for resentencing on the authority of State v. Perko, 588 So. 2d 980 (Fla.1991); State v. Green, 547 So. 2d 925 (Fla.1989) and Washington v. State, 596 So. 2d 815 (Fla. 4th DCA 1992). REVERSED AND REMANDED. HERSEY and DELL, JJ., concur.…
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Sharkey v. State, 615 So. 2d 281 (Fla. 4th DCA 1993)…PER CURIAM. We reverse the appellant’s sentencing order as to credit for time served and remand with directions that the trial court determine and credit the appellant with time served as required in Washington v. State, 596 So. 2d 815 (Fla. 4th DCA 1992). ANSTEAD and POLEN, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- State v. Perko, 588 So. 2d 980 (Fla. 1991)