STATE OF FLORIDA, PETITIONER,
v.
MARK THOMAS WARDELL, RESPONDENT
STATE OF FLORIDA, PETITIONER,
MARK THOMAS WARDELL, RESPONDENT
642 So. 2d 745
Florida Supreme Court (1994)
Positive Treatment
Cited by 6 cases
Topics
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Opinion of the Court
KOGAN, Justice.
We have for review Wardell v. State, 631 So. 2d 1130, 1131 (Fla. 5th DCA 1994), in which the district court certified the following question as being of great public importance:
MUST A TRIAL COURT, UPON REVOCATION OF PROBATION, CREDIT PREVIOUS TIME SERVED ON PROBATION TOWARD ANY NEWLY-IMPOSED TERM OF PROBATION SO THAT THE TOTAL PROBATIONARY TERM IS SUBJECT TO THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We have answered the same question in the affirmative State v. Summers, 642 So. 2d 742 (Fla.1994). Because the decision under review is in harmony with our decision in Summers, we approve it.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, HARDING and WELLS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Beagling v. State, 667 So. 2d 1019 (Fla. 5th DCA 1996)…n and community control served does not exceed the statutory maximum. Waters v. State, 662 So. 2d 332 (Fla.1995); State v. Roundtree, 644 So. 2d 1358, 1359 (Fla.1994); Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991). See also State v. Wardell, 642 So. 2d 745 (Fla.1994); State v. Summers, 642 So. 2d 742 (Fla.1994). By imposing the additional terms of two years’ probation, the trial court improperly subjected the defendant to a total of seven years’ state supervision.6 [*1021] Accordingly, the defendant’s…
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C.A.T. v. State, 652 So. 2d 1279 (Fla. 5th DCA 1995)…PER CURIAM. Reversed and remanded for resentencing. See State v. Roundtree, 644 So. 2d 1358 (Fla.1994); State v. Wardell, 642 So. 2d 745 (Fla.1994); State v. Summers, 642 So. 2d 742 (Fla.1994). HARRIS, C.J., and W. SHARP and PETERSON, JJ., concur.…
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Olson v. State, 654 So. 2d 304 (Fla. 3d DCA 1995)…aximum for that offense.” State v. Summers, 642 So. 2d 742, 744 (Fla.1994), aff’g 625 So. 2d 876 (Fla. 2d DCA 1993); see also Straughan v. State, 636 So. 2d 845, 846 (Fla. 5th DCA 1994); Wardell v. State, 631 So. 2d 1130, 1131 (Fla. 5th DCA), aff’d, 642 So. 2d 745 (Fla.1994); Moore v. State, 623 So. 2d 795, 797 (Fla. 1st DCA 1993). A trial court, however, is not required to credit the defendant with time previously served on probation where the imposition of the new probationary term does not cause the total…
Authorities Cited
- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- Wardell v. State, 631 So. 2d 1130 (Fla. 5th DCA 1994)