SCOTT ALLEN WEBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Scott Webb appealed the trial court's denial of his motion to correct his sentence for a probation violation, seeking credit for 254 days of gain time earned before probation revocation. The Fourth District Court of Appeal reversed, holding that because Webb's original crime predated the effective date of the gain time forfeiture statute, he was entitled to credit for gain time attributable to good behavior.
The court held that Webb was entitled to credit for gain time attributable to good behavior because his original offense was committed prior to the effective date of section 948.06(6), regardless of when the probation violation occurred. However, Webb is not entitled to administrative gain time attributable to prison overcrowding under section 944.277.
[1] A statute authorizing forfeiture of gain time upon probation revocation does not apply to offenses committed prior to the statute's effective date, even if the probation…
[2] A defendant is entitled to credit for gain time earned prior to a probation violation if the original offense predates the effective date of the statute allowing forfeitu…
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Join FLexlaw to unlock all legal intelligence“The state recognizes the statute providing for forfeiture of gain time does not apply to offenses committed prior to the date of the statute even where the probation violation occurs subsequent to the effective date of the statute.”
Establishes the controlling principle that the effective date of the original offense, not the probation violation, determines whether gain time forfeiture applies.
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Join FLexlaw to unlock all legal intelligenceWebb was sentenced in 1988 for lewd and lascivious acts in the presence of a child and received 254 days of gain time credit before his release. In No…
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PER CURIAM.
The appellant filed a motion to correct his sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, seeking credit against his sentence for gain time served prior to revocation of his probation and sentencing. The trial court denied appellant’s motion. We reverse.
After violating his probationary sentence imposed in 1988 for lewd and lascivious acts in the presence of a child, appellant was sentenced on August 9, 1989, to two years imprisonment followed by ten years probation. Appellant received credit for 116 days served in the county jail. Eventually, appellant received credit for 254 days of gain time and was released from prison after serving 254 days of his sentence. On November 20, 1991, appellant was again found to have violated his probation and was sentenced to six and a half years in prison. In sentencing appellant, the trial court gave him credit for 15 days time served in connection with the second probation violation, 116 days for time served in county jail, 254 days for time served in prison but denied him credit for the 254 days of gain time.
Pursuant to rule 3.800(a) of Florida Rules of Criminal Procedure, appellant moved to correct his sentence. In his motion, he argued section 948.06(6), Florida Statutes (1989), which authorizes forfeiture of gain time after revocation of probation, had no effect on his sentence since he committed the crime prior to the effective date of the statute. Relying upon State v. Green, 547 So. 2d 925 (Fla.1989), appellant claimed he was entitled to receive credit for his 254 days of gain-time.
On September 23, 1998, the trial court denied appellant’s motion. The trial court reasoned Green, decided on July 20, 1989, was abrogated by section 948.06(6), Florida Statutes, which became effective on October 1, 1989. The court concluded the dispositive date for determining appellant’s sentence was October 29, 1991, the date appellant violated his probation for the second time, and therefore determined appellant forfeited his gain time.
The state recognizes the statute providing for forfeiture of gain time does not apply to offenses committed prior to the date of the statute even where the probation violation occurs subsequent to the effective date of the statute. The state has acknowledged the trial court erred when it sentenced appellant without credit for his gain time since appellant’s original crime was committed prior to the effective date of the statute. Since we have previously held Green applies where a defendant has committed the original offense prior to the effective date of section 948.06(6), see Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992)1 and Harrington v. State, 609 So. 2d 712 (Fla. 4th DCA 1992), we find the trial court erred when it sentenced appellant without allowing him credit for his gain time.
The state, however, correctly points out appellant is not entitled to credit under section 944.277, Florida Statutes, for administrative gain time attributable to prison overcrowding. See Tripp v. State, 622 So. 2d 941, 942, n. 2 (Fla.1993) and Rice v. State, 622 So. 2d 1129 (Fla. 5th DCA 1993). The record before us does not indicate what portion of appellant’s gain time is attributable to appellant’s good behavior or to prison overcrowding.
Accordingly, we reverse the trial court’s order denying appellant’s motion and remand with instructions to the trial court to order the Department of Corrections to determine the amount of appellant’s previous gain time attributable to his good behavior under section 944.275, Florida Statutes, and apply such credit to his current sentence.
REVERSED and REMANDED.
DELL, C.J., and POLEN and FARMER, JJ., concur. . In Thomas we incorrectly observed the effective date of section 948.06(6) to be September 1, 1990. We now note the effective date of the statute authorizing the forfeiture of gain time for a violation of probation was October 1, 1989. See 1989 Fla. Laws ch. 89-531 §§ 13, 20.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Echols v. State, 660 So. 2d 782 (Fla. 4th DCA 1995)…mmitted before the effective date of the statute even where a violation of probation or community control occurs after the effective date. Bradley v. State, 631 So. 2d 1096 (Fla.1994); Roffv. State, 644 So. 2d 166 (Fla. 4th DCA 1994); Webb v. State, 630 So. 2d 674 (Fla. 4th DCA 1994). The application of State v. Green, 547 So. 2d 925 (Fla.1989), controls disposition of gain time issues arising from offenses committed before the enactment of section 948.06(6). Webb, 630 So. 2d at 675; Harrington v. State, 609…
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Thomas v. State, 648 So. 2d 298 (Fla. 5th DCA 1995)…provisional credits or administrative gain time used to alleviate prison overcrowding. See § 944.277(7)(c), Fla.Stat. (1991); Tripp, 622 So. 2d at 942-943, n. 2. See also Brown v. State, 632 So. 2d 699, 700, n. 1. (Fla. 1st DCA 1994); Webb v. State, 630 So. 2d 674, 676 (Fla. 4th DCA 1994). Emphasizing that the trial court intended only to credit appellant with any time served to which he was legally entitled, appellee contends that the trial court’s reduction of appellant’s credit for time served was proper…
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Clark v. State, 656 So. 2d 252 (Fla. 4th DCA 1995)…r, this statute is not applicable where the original crime was committed prior to October 1, 1989, the effective date of the statute. See Bradley v. State, 631 So. 2d 1096 (Fla.1994); Roff v. State, 644 So. 2d 166 (Fla. 4th DCA 1994); Webb v. State, 630 So. 2d 674 (Fla. 4th DCA 1994). For offenses committed before October 1, 1989, the applicable rule of law is that stated in State v. Green, 547 So. 2d 925 (Fla.1989). See, e.g., Webb, 630 So. 2d at 675-76; Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992),…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- L.V. Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992)
- Rice v. State, 622 So. 2d 1129 (Fla. 5th DCA 1993)
- 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)