JERRY A. CARTER, 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.
Jerry Carter appeals his sentence for violating community control, claiming the trial court failed to award him accrued gain time. The court reversed and remanded, holding that Carter must receive credit for gain time earned during the incarcerative portion of his split sentence because the statutory amendments permitting forfeiture of gain time were not effective at the time of his offense.
Carter must be given credit for the entire four years served, including gain time earned during the incarcerative portion of his sentence, because the amendments to sections 948.06(6) and 944.28(1), Florida Statutes were not effective at the time of his offense.
[1] A defendant must be given credit for gain time earned during the incarcerative portion of a sentence when the probationary part of a split sentence is revoked, if the rel…
[2] A sentence must be reversed and remanded for resentencing to award credit for accrued gain time when the statutory amendments permitting forfeiture of such time were not…
Previewing 2 of 3 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“when the probationary part of a split sentence is revoked, a prisoner must be given credit for gain time earned during the incarcerative portion of his sentence”
Establishes the legal standard for gain time credit upon revocation of probationary portion of split sentence, drawn from State v. Green
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarter was charged with robbery with a firearm in November 1988, pleaded guilty, and was sentenced as a youthful offender to four years' imprisonment …
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
PARKER, Judge.
Jerry Carter appeals his judgment and sentence, alleging that the trial court failed to award him accrued gain time. The state concedes error. We reverse.
Carter was charged with robbery with a firearm, which occurred in November of 1988. Carter pleaded guilty and was sentenced as a youthful offender to four years’ imprisonment followed by two years’ community control. In 1990, Carter pleaded guilty to violating his community control and a new period of community control was imposed. Subsequently, Carter pleaded guilty to violating this new period of community control, and the court revoked his community control and sentenced him to four years’ imprisonment with credit for time served. The written sentence gave Carter credit for only actual time served.
Carter argues and the state agrees that he should be given credit for the entire four years served because the amendments to sections 948.06(6) and 944.28(1), Florida Statutes (1987) were not effective at the time of his offense.1 State v. Green, 547 So. 2d 925 (Fla.1989). In Green, the supreme court concluded that when the probationary part of a split sentence is revoked, a prisoner must be given credit for gain time earned during the incarcerative portion of his sentence. Because the effective dates of the amendments to sections 948.06(6) and 944.28(1), Florida Statutes (1987) are after the date on which Carter committed his offense, Carter’s violation of probation sentence must be reversed and remanded with directions to credit Carter with four years for the state prison portion of his split sentence.
Reversed and remanded for resentencing.
FRANK, A.C.J., and BLUE, J., concur. . Section 948.06(6), Florida Statutes (1989) permits the trial court to forfeit gain time at sentencing when revoking a community control sentence when the offense occurred after October 1, 1989. See Ch. 89-531, §§ 13 and 20, Laws of Fla. Section 944.28(1), Florida Statutes (1989) permits the Department of Correction to forfeit gain time for a revocation of community control when the offense occurred after October 1, 1989. See Ch. 89.531, §§ 6 and 20, Laws of Fla.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harris v. State, 650 So. 2d 639 (Fla. 4th DCA 1995)…eclassify this second degree felony to a first degree felony. Defendant’s method of calculation would simply eliminate the use of the weapon as a factor; however, he has cited no authority to support his argument. His reliance on Ashwood, v. State, 616 So. 2d 199 (Fla.2d DCA 1993) is misplaced because in Ashwood, the crime was sexual battery with a deadly weapon. The use of the weapon was part of the crime. We cannot tell from the opinions on which the state relies whether the specific argument which the de…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)