ROSETTA SLATER JACKSON AND FRANK STEVEN DAVIS, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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[*432] PER CURIAM.
Appellants appeal an order of the circuit court denying their motion to suppress evidence, contending the stop of their vehicle was pretextual. We find the evidence presented at the suppression hearing sufficient to support the trial court’s ruling and thus affirm on this issue. Kehoe v. State, 521 So. 2d 1094 (Fla.1988).
Appellant Davis also appeals the sentence imposed in case number 89-4483 resulting from his violation of probation. Davis was entitled to earned gaintime as part of the time credited against the sentence imposed after revocation of probation which was part of a probationary split sentence. State v. Green, 547 So. 2d 925 (Fla.1989). Although the State argues that the legislature’s subsequent amendment to section 948.06, Florida Statutes (Supp.1990), gave the trial court discretion not to award such gaintime, appellant’s prior offense was committed before the effective date of the amendments, and thus the amendments do not apply. Smith v. State, 613 So. 2d 603 (Fla. 5th DCA 1993); Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992). Accordingly, we vacate the sentence in case number 89-4483 and remand for resentencing.
ZEHMER, ALLEN and WEBSTER, JJ., concur.
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Loring Spencer Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994)…tain whether the offenses for which Appellant served the incarcerative portion of his sentence and was placed on probation were committed before September 1,1990, the effective date of legislation countering the Green decision. See Jackson v. State, 619 So. 2d 431 (Fla. 1st DCA 1993); Moultrie v. State, 618 So. 2d 789 (Fla. 1st DCA 1993). After determining whether Green applies, it would be unnecessary to hold an extensive evidentiary hearing to determine the equivalent of 3½ years in days. Finally, pursuant…
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Thaddeus Brown v. State, 632 So. 2d 699 (Fla. 1st DCA 1994)…925. Section 948.06(6) however effectively overruled State v. Green. Because Brown committed the original underlying offense before the effective date of this statutory amendment, this case is governed by Green. Moultrie v. State; Jackson v. State, 619 So. 2d 431 (Fla. 1st DCA 1993). We thus remand with instructions that the trial court give Brown credit for the entire five-year prison portion of his split sentence, as well as credit for the time he served while awaiting the violation of probation hearing a…
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Baker v. State, 635 So. 2d 994 (Fla. 1st DCA 1994)…subsequent amendment to section 948.06, Florida Statutes, gave the trial court discretion not to award such gain-time, Baker’s prior offense was committed before the effective date of the amendment, and thus it does not apply. See Jackson v. State, 619 So. 2d 431, 432 (Fla. 1st DCA 1993).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Kehoe v. State, 521 So. 2d 1094 (Fla. 1988)
- Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992)
- Indian River Cnty. v. Indian River W., Inc., 609 So. 2d 712 (Fla. 4th DCA 1992)
- Hardy v. City OF Orlando, 613 So. 2d 603 (Fla. 5th DCA 1993)
- Coleman Jerome Smith v. State, 613 So. 2d 603 (Fla. 5th DCA 1993)