STATE OF FLORIDA, PETITIONER,
v.
DARRELL ROUNDTREE, RESPONDENT
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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 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?
637 So. 2d at 326. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We recently answered a similar question in. the affirmative in 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, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
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Waters v. State, 662 So. 2d 332 (Fla. 1995)…ERVED AND TO BE SERVED DOES NOT EXCEED THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE? Waters v. State, 650 So. 2d 232 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Consistent with our recent decisions in State v. Roundtree, 644 So. 2d 1358 (Fla.1994), and State v. Summers, 642 So. 2d 742 (Fla.1994), we answer the certified question in the affirmative. [*333] On June 4, 1991, Jesse Waters, Jr. pled no contest to a charge of purchase of cocaine, a second-degree felony which has a maximu…
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Young v. State, 697 So. 2d 75 (Fla. 1997)…hat this Court now recognizes that a defendant may not serve a term greater than the statutory maximum for a particular offense. Specifically, Young relies on this Court’s decisions in State v. Summers, 642 So. 2d 742 (Fla.1994), State v. Roundtree, 644 So. 2d 1358 (Fla.1994), and Waters v. State, 662 So. 2d 332 (Fla.1995), to support his contention that his sentence should be reduced because it exceeds the statutory maximum. Exceeding the statutory maximum, however, was not the only concern that led to our de…
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Gardner v. State, 656 So. 2d 933 (Fla. 1st DCA 1995)…sentence or term of incarceration, it could be [*939] extended ad infinitum beyond the statutory maximum each time probation was revoked. The court therefore answered the certified question in the affirmative. More recently, in State v. Roundtree, 644 So. 2d 1358 (Fla.1994), our supreme court answered the following question certified by the Fourth District: “Must a trial court, upon revocation of probation (and/or community control), credit previous time served on probation (and/or community control) toward…
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- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- Roundtree v. State, 637 So. 2d 325 (Fla. 4th DCA 1994)