MILTON EARL JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK, Chief Judge.
Milton Jenkins has appealed from the sentence imposed upon him following violation of community control. We find no error in the court’s reimposition of community control. We remand this matter, however, so that the sentence can be corrected to reflect credit for that portion of community control Jenkins had successfully completed prior to violation. Furthermore, it was lawful for the judge to reimpose jail time as a condition of community control, but on remand the sentence should be corrected to reflect credit for previous jail time actually served.. § 948.06(6), Fla.Stat. (1991).
Affirmed in part, and remanded.
DANAHY and PATTERSON, JJ., concur.
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Barry v. State, 654 So. 2d 1229 (Fla. 2d DCA 1995)…s); and perjury (count XII), five years in prison concurrent with count I. The appellant argued in his first appeal that the trial court erred in imposing a departure sentence without providing contemporaneous reasons. This court in Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993), agreed and reversed the appellant’s sentences and remanded for resentencing within the guidelines maximum permitted sentence of seventeen years in prison. On remand, the trial court resentenced the appellant to twelve years in p…
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Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994)…le error when it imposed a departure sentence without providing contemporaneous reasons for the departure at the sentencing hearing. See Ree v. State, 565 So. 2d 1329 (Fla.1990), modified by State v. Lyles, 576 So. 2d 706 (Fla.1991); Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere’s sentences and remand for sentencing within the guidelines. Affirmed in part, reversed in part and remanded. • PATTERSON and ALTENBERND, JJ.,…
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Miller v. State, 641 So. 2d 953 (Fla. 1st DCA 1994)…previously spent on community control. We reverse and remand to the trial court with directions to credit appellant for all time previously served on community control. See Poulsen v. State, 610 So. 2d 710 (Fla. 4th DCA 1992), and Jenkins v. State, 626 So. 2d 270 (Fla. 2d DCA 1998). Remanded with directions. JOANOS, WOLF and BENTON, JJ., concur.…
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