STATE OF FLORIDA, PETITIONER,
v.
JOSE ALVAREZ, RESPONDENT
STATE OF FLORIDA, PETITIONER,
JOSE ALVAREZ, RESPONDENT
644 So. 2d 1360
Florida Supreme Court (1994)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
We have for review Alvarez v. State, 626 So. 2d 265, 266 (Fla. 2d 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, 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 answered the same question in the affirmative in State v. Summers, 642 So. 2d 742 (Fla.1994). Because the district court resolved the issue consistent with our decision in Summers, we approve.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Emmet W. Baker v. State, 652 So. 2d 431 (Fla. 2d DCA 1995)…ber 1, 1989, he would also be entitled to credit for gain time under State v. Green, 547 So. 2d 925 (Fla.1989), when computing whether a sentence exceeded the statutory maximum. See also Alvarez v. State, 626 So. 2d 265 (Fla. 2d DCA 1993), approved, 644 So. 2d 1360 (Fla.1994). On remand, the trial court shall credit Baker with the time he previously spent on probation and the time he previously served in prison, including gain time, and resentence him to a term within the statutory maximum sentence for a secon…
Authorities Cited
- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- Alvarez v. State, 626 So. 2d 265 (Fla. 2d DCA 1993)