RICHARD HERBERT SVENSON, 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.
The court held that a defendant is entitled to credit for time actually served on a prior prison term when probation imposed consecutively is revoked, but not for gain-time earned.
Richard Svenson received concurrent prison sentences for burglaries and consecutive probationary terms for felonies. Upon revocation of probation, the…
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 Gain Time cases and more on FLexlaw
RYDER, Acting Chief Judge.
Richard Svenson appeals the sentences received after revocation of probation on his previously imposed split sentences. He challenges only the trial court’s failure to award credit for time served on the offenses for which he initially received a prison term.
Appellant received concurrent nine-year prison sentences on four burglaries and probationary terms on various third degree felonies, all probationary terms to run consecutive to the prison term. Upon revocation of probation, the court sentenced him to five-year prison terms on all the third degree felonies without awarding credit for either the time actually served or the gain-time earned on the burglaries. All offenses occurred after October 1, 1989.
Having initially imposed a term of probation consecutive to a term of incarceration, the court should have given credit for at least the time actually served on the prison term. Tripp v. State, 622 So. 2d 941 (Fla.1993). Be cause the .offenses occurred after October 1, 1989, however, the appellant is not entitled to receive credit for the gain-time earned on the original prison sentences. See §§ 944.28(1) and 948.06(6), Fla.Stat. (1993); Bradley v. State, 616 So. 2d 1156 (Fla. 2d DCA 1993); Tripp at 942 n. 2 (pursuant to chapter 89-531, revocation of probation serves to forfeit gain-time previously earned). Accordingly, we vacate the sentences in part and remand for a proper award of credit for time served.
Sentences vacated in part and remanded.
SCHOONOVER and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jenkins v. State, 642 So. 2d 1187 (Fla. 1st DCA 1994)…94). However, it appears that the trial court should also have granted appellant credit against his new sentence for the 209 days served in the custody of DOC on his previous sentence. Bradley v. State, 631 So. 2d 1096 (Fla.1994); Svenson v. State, 631 So. 2d 326 (Fla. 2d DCA 1994). We note that DOC has conceded appellant is entitled to this credit.2 Accordingly, the cause is remanded to the trial court for further consideration in light of the authorities cited above. Should the trial court again determine…
-
Oates v. State, 659 So. 2d 408 (Fla. 2d DCA 1995)…lizing the original scoresheet Oates also correctly argues that upon resen-tencing he is entitled to any gain time he was awarded on the original sentence because the underlying offenses were committed prior to October 1, 1989. See Svenson v. State, 631 So. 2d 326 (Fla. 2d DCA), review denied, 639 So. 2d 982 (Fla.1994); Rice v. State, 622 So. 2d 1129 (Fla. 5th DCA 1993). Further, we strike the trial court’s award of $500 for costs of prosecution. The state did not request that amount and there is no documen…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- L.C. Bradley v. State, 616 So. 2d 1156 (Fla. 2d DCA 1993)