EUGENE D. HOPPS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's probation revocation sentence was vacated and remanded because the trial court failed to credit him with incentive gain time earned during his initial incarceration period.
A defendant whose probation is revoked is entitled to credit for incentive gain time earned during the initial incarceration period when the original offenses occurred before 1989.
[1] A defendant is entitled to credit for incentive gain time earned during initial incarceration when probation is revoked and a new sentence is imposed, provided the origin…
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Join FLexlaw to unlock all legal intelligenceHopps pleaded guilty in 1986 to numerous offenses and received a split sentence of 15 years imprisonment followed by 5 years probation. He completed h…
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RYDER, Acting Chief Judge.
Eugene Hopps seeks review of the sentence he received after the trial court revoked his probation on a previously imposed split sentence. He asserts that the lower court erred in failing to give him credit on his new sentence for gain time earned on the incareerative portion of his initial sentence. We agree and reverse.
In 1986, Hopps pleaded guilty to numerous offenses and the trial court sentenced him to fifteen years’ imprisonment, to be followed by five years’ probation. Hopps completed his 5,475-day period of incarceration in December 1991 through a combination of time actually served, gain time, provisional credits and early release. When the trial court sentenced him for violation of probation in March 1992, it allowed him approximately 2,173 days’ credit for time previously served. A letter from the Department of Corrections indicates that this credit does not include incentive gain time. Because his original offenses occurred before 1989, under Tripp v. State, 622 So. 2d 941, 942 n. 2 (Fla.1993), Hopps is entitled to receive credit for the time he served in prison, including incentive gain time. We note that he is not entitled to a reduction in time to be served for provisional credits, administrative gain time or control release. State v. Green, 547 So. 2d 925 (Fla.1989). Accordingly, we vacate the sentence in part and remand for a proper award of credit for time served.
Sentence vacated in part and remanded.
DANAHY and CAMPBELL, JJ„ concur.
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Fitts v. State, 649 So. 2d 300 (Fla. 2d DCA 1995)…judgment and sentence as modified by this opinion. RYDER, A.C.J., and ALTENBERND, J., concur. . The appellant adopts the brief of his codefend-ant, Yancy Lamar Dunbar. Our disposition of the codefendant's appeal has been reported: Dunbar v. State, 633 So. 2d 1136 (Fla. 2d DCA 1994).…
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Raimondo v. State, 666 So. 2d 180 (Fla. 2d DCA 1995)…places where intoxicants, drugs or other dangerous substances are unlawfully sold, dispensed or used. Condition (4) must be stricken in its entirety. It was not orally pronounced and Mr. Raim-ondo was not convicted of a felony. See Dunbar v. State, 633 So. 2d 1136 (Fla. 2d DCA 1994); Castillo v. State, 590 So. 2d 458 (Fla. 3d DCA 1991). The portion of condition (7) prohibiting excessive use of intoxicants is stricken. Tomlinson v. State, 645 So. 2d 1 (Fla. 2d DCA 1994); Nank v. State, 646 So. 2d 762 (Fla. 2d…
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Gant v. State, 642 So. 2d 84 (Fla. 2d DCA 1994)…reen has since been overruled by section 948.06(6), Florida Statutes (1989), Green continues to govern where the offenses underlying the probation violation occurred prior to the effective date of the statute. Carter, 553 So. 2d 169; Hopps v. State, 633 So. 2d 1136 (Fla. 2d DCA 1994); Brown, 632 So. 2d 699; Ferguson, 594 So. 2d 864. Though Gant’s judgment and sentencing documents are not included in the instant record, Gant’s motion and the trial court’s amended order indicate that the underlying substantive…1 / 2
Previewing 3 of 4 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)