DARRELL ROUNDTREE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's sentence is reversed and remanded for resentencing because he is entitled to credit for time previously spent on probation when the combined probation time exceeds the statutory maximum.
A trial court must credit prior time served on probation toward a newly imposed probationary term upon revocation so that the total probationary term does not exceed the statutory maximum.
[1] Upon revocation of probation or community control, a trial court must credit time previously served on probation or community control toward a newly imposed probationary…
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced to probation, violated the terms, and received a subsequent probationary sentence. The combined probation time exceeded the st…
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PER CURIAM.
Appellant’s sentence is reversed and remanded for resentencing. The state acknowledges that Appellant is entitled to a credit for the time previously spent on probation because the total time on probation, by combining the probation time served prior to the violation with the subsequent probationary term, exceeds the statutory maximum. See Wardell v. State, 631 So. 2d 1130 (Fla. 5th DCA 1994); Summers v. State, 625 So. 2d 876 (Fla. 2d DCA 1993) (en banc); Giannandrea v. State, 621 So. 2d 582 (Fla. 4th DCA 1993); Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992). Additionally, we can discern no reason for not applying the same reasoning when combining time spent on community control with a subsequent probation. But see Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993).
We certify to the supreme court the issue previously certified in Summers and War-dell, as well as in other pending cases:
MUST A TRIAL COURT, UPON REVOCATION OF PROBATION (AND/OR COMMUNITY CONTROL), CREDIT PRIOR TIME SERVED ON PROBATION (AND/OR COMMUNITY CONTROL) TOWARD A NEWLY IMPOSED PROBATIONARY TERM SO THAT THE TOTAL PROBATIONARY TERM SERVED AND TO BE SERVED DOES NOT EXCEED THE MAXIMUM SENTENCE. ALLOWED BY LAW?
ANSTEAD, HERSEY and STONE, JJ„ concur.
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State v. Roundtree, 644 So. 2d 1358 (Fla. 1994)…PER CURIAM. We have for review Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA 1993), in which the district court certified the following question as being of great public importance: MUST A TRIAL COURT, UPON REVOCATION OF PROBATION (AND/OR COMMUNITY CONTROL), CREDIT PREVIOUS TIME SERVED ON PROBATION (AND/OR CO…
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Gardner v. State, 656 So. 2d 933 (Fla. 1st DCA 1995)…rovides that "[n]o part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he shall be sentenced to serve," is not specifically referenced in section 958.14. . Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA 1994).…
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Eanes v. State, 662 So. 2d 334 (Fla. 1995)…PER CURIAM. We have for review Eanes v. State, 19 Fla.L.Weekly D2254, 1994 WL 561849 (Fla. 1st DCA October 17, 1994), which the First District Court of Appeal certified as being in conflict with Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA), approved, 644 So. 2d 1358 (Fla.1994); Jost v. State, 631 So. 2d 1131 (Fla. 5th DCA 1994); and Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994). Eanes v. State, 648 So. 2d 174 (Fla. 1st DCA 1994). We have jurisdiction. Art. V, §…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)
- Goosby v. State, 625 So. 2d 876 (Fla. 1st DCA 1993)
- Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993)
- Wardell v. State, 631 So. 2d 1130 (Fla. 5th DCA 1994)
- Playdium Mgmt. Co., Inc. v. Miller, 621 So. 2d 582 (Fla. 4th DCA 1993)
- Giannandrea v. State, 621 So. 2d 582 (Fla. 4th DCA 1993)