MICHAEL WALTERS, 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.
Michael Walters appealed his sentencing on revocation of probation, arguing the trial court failed to give him credit for time previously served. The appellate court agreed and reversed, holding that credit for time served on the original sentence must be applied to the revocation sentence, requiring remand for proper calculation and reconsideration of the departure sentence.
The trial court erred by failing to award credit for time served on the first offense against the sentence imposed after revocation of probation. The court must determine what gain time was earned during incarceration and credit it toward the revocation sentence, and may reconsider whether the departure sentence is appropriate.
[1] A trial court must award credit for time served on a first offense when imposing a sentence after revocation of probation on a second offense.
[2] Credit for time served on a sentence imposed after probation revocation includes jail time actually served and gain time granted pursuant to statute.
Previewing 2 of 5 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“Tripp v. State, 622 So.2d 941 (Fla.1993), requires that credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense.”
Establishes the key legal principle that credit for time served must be applied across probation revocation sentences.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalters pleaded guilty to two armed robberies in January 1988 and was placed on lifetime probation in February 1988. On the same date, he was sentence…
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 Administrative Gain Time cases and more on FLexlaw
RYDER, Acting Chief Judge.
Michael Walters challenges his sentencing following a revocation of probation. He contends that the trial court erred in failing to give him credit for time previously served on the sentence imposed on revocation. We agree and reverse.
Walters pleaded guilty to two separate charges of armed robbery that occurred in January 1988.
In February 1988 he was adjudicated guilty and placed on lifetime probation for each of the two offenses. On the same date, the court sentenced him on other charges to twelve years’ imprisonment. An affidavit for violation of probation in each case was filed in July 1992. Walters pleaded guilty to the violations, and the trial court revoked his probation. The court then sentenced him to fifteen years’ imprisonment on each case, to be served concurrently. The permitted range under the sentencing guidelines is twelve to twenty-two years’ imprisonment. The fifteen-year sentence and the twelve-year sentence together exceed the sentencing guidelines. The judge gave no reasons for departure. Tripp v. State, 622 So. 2d 941 (Fla.1993), requires that credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense. Because these offenses occurred prior to the enactment of chapter 89-531, Laws of Florida, “credit for time served” included jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991).
State v. Green, 547 So. 2d 925, 927 (Fla.1989).
It does not include “provisional credits” or “administrative gain time” which is used to alleviate prison overcrowding and is not related to satisfactory behavior while in prison. See § 944.277, Fla.Stat. (1991).
The record does not include a breakdown as to the type of gain time earned during appellant’s period of incarceration. Upon remand, the trial court must determine from the Department of Corrections what type of gain time was earned and what amount must be credited toward his sentence upon revocation.
Because the trial court did not have the benefit of the Tripp decision at the time of sentencing, the trial court may reconsider whether the departure sentence it imposed is appropriate and, if so, make the requisite findings. Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA), review denied, 589 So. 2d 291 (Fla.1991).
We therefore reverse and remand for re-sentencing in accordance with this opinion.
HALL, J., and REESE, THOMAS S., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Slater v. State, 639 So. 2d 80 (Fla. 2d DCA 1994)…actment of chapter 89-531, Laws of Florida, “credit for time served” includes jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). State v. Green, 547 So. 2d 925 (Fla.1989). See also Walters v. State, 630 So. 2d 1234 (Fla. 2d DCA 1994). Because the record does not reflect how much credit time Slater was given, we reverse the sentence in Case No. 89-13212 and remand that case to the trial court to review the credit time given in accordance with Tripp. Although t…
-
Jackson v. State, 641 So. 2d 167 (Fla. 2d DCA 1994)…ent of chapter 89-531, Laws of Florida, “credit for time served” includes jail time actually served and gain time granted pursuant to section 944.275, Florida Statutes (1991). See State v. Green, 547 So. 2d 925 (Fla.1989). See also Walters v. State, 630 So. 2d 1234 (Fla. 2d DCA 1994). We also agree that pursuant to Summers v. State, 625 So. 2d 876 (Fla. 2d DCA 1993) and Foley v. State, 630 So. 2d 658 (Fla. 2d DCA 1994), Jackson is entitled to credit in Count I for the time previously spent on probation becaus…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991)