JAMES SCOTT BARFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to four years of credit for time served on his original sentence, not 290 days, and that the sentence for grand theft offenses is affirmed as it falls within the permitted range.
James Scott Barfield committed two grand thefts while on probation and was sentenced to consecutive five-year terms. The trial court also revoked his …
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PER CURIAM.
James Scott Barfield appeals his judgment and sentence. We reverse in part and affirm in part.
After serving time on another sentence, Barfield was placed on probation. While on probation, he committed two grand thefts. The trial court sentenced Barfield to two consecutive terms of five years for the grand theft offenses. The trial court also revoked Barfield’s probation and imposed a new sentence of five years with 290 days’ credit for time Barfield served on the original sentence. The new sentence was to run concurrently with one of the five-year sentences for grand theft.
The State concedes that Barfield is entitled to four years’ credit, instead of 290 days, for gain-time on the original sentence since a probationer’s accrued gain-time is credited against any new sentence imposed for a probation violation. State v. Green, 547 So. 2d 925, 926 (Fla.1989). Therefore, Barfield’s sentence for the probation violation is reversed and remanded to the trial court with instructions to amend Barfield’s sentence to reflect the credit of four years for time served on his original sentence.
With respect to the grand theft offenses, the ten-year sentence imposed by the trial court falls within the permitted range of the sentencing guidelines and, consequently, is not a departure sentence. Jackson v. State, 556 So. 2d 513, 514 (Fla. 2d DCA 1990). Accordingly, we affirm this portion of the sentence.
REVERSED IN PART; AFFIRMED IN PART AND REMANDED.
GLICKSTEIN, C.J., GUNTHER and POLEN, JJ., concur.
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Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992)…entence. Rather, the trial court specified a credit only for the time actually served prior to his probationary term. Failure to fully credit appellant with such gain time is error. E.g., State v. Green, 547 So. 2d 925 (Fla.1989); Barfield v. State, 599 So. 2d 259 (Fla. 4th DCA 1992). All of the offenses for which appellant was sentenced upon the revocation of his probation were committed in January and February of 1989, prior to the effective date of section 948.06(6), Florida Statutes, applied by the tria…
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Stevenson v. State, 614 So. 2d 10 (Fla. 5th DCA 1993)…ime for good conduct. The state also concedes that Stevenson cannot lose his accrued gain time based upon his violation of probation. State v. Green, 547 So. 2d 925 (Fla.1989); Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992); Barfield v. State, 599 So. 2d 259 (Fla. 4th DCA 1992); Kilgore v. State, 597 So. 2d 970 (Fla. 3d DCA 1992). The state disagrees, however, that the sentence in the instant case requires correction since the trial court’s order only recommends and does not require forfeiture of gain…
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Roff v. State, 644 So. 2d 166 (Fla. 4th DCA 1994)…s the trial court erred. However, both parties have misplaced their reliance on obsolete authority. The supreme court explained in Bradley v. State, 631 So. 2d 1096 (Fla.1994), that State v. Green, 547 So. 2d 925 (Fla.1989), and Barfield v. State, 599 So. 2d 259 (Fla. 4th DCA 1992), have been superseded by section 948.06(6), Florida Statutes (1989). Chapter 89-531, Laws of Florida, added as subsection 6: Notwithstanding any provision of law to the contrary, whenever probation or community control is revok…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Arsenio Jackson v. State, 556 So. 2d 513 (Fla. 2d DCA 1990)