PAUL R. COOK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court reversed its prior decision, holding that a defendant is entitled to credit for time served on a prior offense when sentenced for a subsequent offense after probation revocation, as mandated by the supreme court.
The court held that the trial court erred in denying Cook credit for the 4.5 years served on the 1990 offenses when imposing sentences for the 1989 offenses after probation revocation.
Paul R. Cook was convicted of multiple offenses and sentenced to probation. After violating probation, he was sentenced to concurrent terms and denied…
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PER CURIAM.
We review Cook v. State, 609 So. 2d 175 (Fla. 1st DCA 1992), on the ground of conflict. Art. V, § 3(b)(3), Fla. Const. The decision of the district court of appeal is quashed and the case is remanded for further proceedings consistent with Tripp v. State, 622 So. 2d 941 (Fla.1993).
It is so ordered.
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
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Cook v. State, 645 So. 2d 436 (Fla. 1994)…on of probation on the second offense.” Tripp v. State, 622 So. 2d 941, 942 (Fla.1993). Based on our holding in Tripp, we quashed the district court’s affirmance in this ease and remanded for further proceedings consistent with Tripp. Cook v. State, 622 So. 2d 979, 980 (Fla.1993). On remand, the district court of appeal again affirmed the denial of credit, noting that “[t]o allow Cook 4.5 years credit, for time served on the 1990 offenses, on the concurrent 3.5 year sentences imposed for the 1989 offenses af…
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Cook v. State, 635 So. 2d 70 (Fla. 1st DCA 1994)…ich the original incarcerative term(s) and probationary term(s) were imposed using a single scoresheet, we certify this question to the supreme court as a matter of great public importance. AFFIRMED. BOOTH and MINER, JJ., concur. . Cook v. State, 622 So. 2d 979 (Fla.1993). . Sylvester v. State, 572 So. 2d 947 (Fla. 5th DCA 1990); Ford v. State, 572 So. 2d 946 (Fla. 5th DCA 1990); Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990), review denied, 576 So. 2d 289 (Fla. 1991); Harris v. State, 557 So. 2d 198…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Jackson v. State, 609 So. 2d 175 (Fla. 1st DCA 1992)
- Davis v. State, 609 So. 2d 175 (Fla. 1st DCA 1992)