WAYNE STEVENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Wayne Stevenson was resentenced after violating probation and receiving a new 15-year prison sentence. The trial court's sentencing order contained a conflicting recommendation that gain time earned during his original sentence be forfeited, which violated Florida law prohibiting forfeiture of accrued gain time upon probation violation.
The trial court's recommendation to forfeit gain time must be vacated and the sentence remanded for correction. Accrued gain time cannot be forfeited based on a violation of probation, and the trial court's sentencing order cannot contain any recommendation to forfeit such credits, regardless of whether it is characterized as a recommendation or requirement.
[1] A trial court's recommendation regarding forfeiture of gain time upon violation of probation, which conflicts with the proper sentence imposed, requires correction.
[2] A trial court has the authority to award the proper amount of jail time credit.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The state also concedes that Stevenson cannot lose his accrued gain time based upon his violation of probation.”
Establishes the governing legal principle that gain time accrued during a prior sentence cannot be forfeited due to probation violation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceStevenson was originally sentenced to five years in prison followed by fifteen years of probation. He served the prison term and earned gain time cred…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Gain Time Credit cases and more on FLexlaw
PER CURIAM.
While Wayne Stevenson was being sentenced to fifteen years’ incarceration after having violated the terms of his probation, an issue arose as to whether he would be allowed credit for only actual time previously served or for all time, including gain time. He had originally been sentenced to five years in prison followed by fifteen years’ probation. Having served the prison time with credits for gain time, he was under restraint pursuant to the terms of probation when he violated those terms.
The trial court’s written sentence, entered after a finding of violation of probation, indicated that Stevenson should be allowed total credit for his prior incarceration and gain time, but stated in a recommendation to the Department of Corrections: “In imposing the above sentence the court further recommends forfeit [sic] good and gain time received on initial sentence [sic] to be given time served for only actual time served.”
The state concedes that section 948.06(6), Florida Statutes (1989), is not applicable to this case since Stevenson’s crime and sentencing predate the enactment of the statute. The statute deems violation of proba tion to be a forfeiture of all gain time or commutation time 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 time. We disagree. It is a function of the trial court to award the proper amount of jail time credit. Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992). The trial court’s recommendation conflicts with the proper sentence imposed.
We vacate the trial court’s sentence and remand for correction of the sentence to reflect the proper amount of gain time to be credited.
Sentence VACATED; REMANDED.
COBB, W. SHARP and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)
- L.V. 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)