ANTONIO BOWERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MICKLE, Judge.
Bowers challenges his sentence imposed after revocation of community control and the subsequent order entered upon his motion for time served. Bowers contends, and the state agrees, that the award of 75 days credit for time served prior to his resentencing upon violation of community control is deficient. We reverse and remand for correction of the sentence to credit Bowers for actual time served on his original sentence (the record reflects Bowers served from June 26, 1990, until his release on April 5, 1991) plus 55 days previously credited for time served prior to imposition of the original sentence. The trial court is not required to award credit for accrued gain time since the original offenses were committed after October 1, 1989, the effective date of subsection 948.06(6), Florida Statutes (1989). Bradley v. State, 631 So. 2d 1096 (Fla.1994); Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994).
REVERSED and REMANDED.
BOOTH and WOLF, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tomiuk v. State, 663 So. 2d 681 (Fla. 5th DCA 1995)…en a defendant is resen-tenced as a result of a violation of probation or community control and, therefore, the defendant is entitled to receive credit for the 262 days he served prior to the imposition of the original sentence. See Bowers v. State, 645 So. 2d 1108 (Fla.1st DCA 1994). REVERSED and REMANDED to the trial court with instructions to award the defendant credit for 262 days time served. HARRIS and GRIFFIN, JJ., concur.…
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Shaban Mohammad v. State, 138 So. 3d 1174 (Fla. 3d DCA 2014)…the commencement of the probationary term.”); Tomiuk v. State, 663 So. 2d 681 (Fla. 5th DCA 1995) (“[J]ail time credit is not forfeited when a defendant is resentenced as a result of a violation of probation or community control.”); Bowers v. State, 645 So. 2d 1108 (Fla. 1st DCA 1994) (“We reverse and remand for correction of the sentence to credit Bowers for actual time served on his original sentence ... plus 55 days previously credited for time served prior to imposition of the original sentence”). The ex…
Authorities Cited
- L.C. Bradley v. State, 631 So. 2d 1096 (Fla. 1994)
- Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994)