EDDIE BRANTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is entitled to credit for all time served, including gain time awarded prior to probation, for offenses committed before October 1, 1989.
Eddie Branton was resentenced after probation revocation and was not given full credit for time served on his original split sentence, specifically ex…
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PER CURIAM.
Eddie Branton appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends the trial court erred in failing to credit him with prison time he served prior to the revocation of his probation. We agree and reverse.
The instant record shows that upon revocation of his probation, Branton was resen-tenced for three offenses he committed in July 1989. Upon resentencing, Branton was not given full credit for time served on the incarcerative portion of his original split sentence in that he was not credited with the gain time he was awarded prior to being placed on probation. The Department of Corrections explained in a letter to Branton that in recalculating his sentences, it did not credit him with the gain time at issue because the trial court did not expressly authorize such credit.
Pursuant to State v. Green, 547 So. 2d 925 (Fla.1989), Branton is entitled to credit for all time served, including gain time he was awarded prior to being placed on probation, as the offenses at issue were committed before October 1, 1989. See also Tripp v. State, 622 So. 2d 941 (Fla.1993). Since it is the function of the sentencing court to assure compliance with Green and Tripp, the instant case must be remanded for resentencing. See Thomas v. State, 612 So. 2d 684 (Fla. 5th DCA 1993); Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992).
Accordingly, the instant case is reversed and remanded.
CAMPBELL, A.C.J., and BLUE and QUINCE, JJ, concur.
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Lancaster v. State, 656 So. 2d 533 (Fla. 4th DCA 1995)…made available to the trial court at sentencing, it would be preferable for the trial court to incorporate the specific amount of days credited in the sentencing order. However, to the extent that the cases relied on by defendant, Branton v. State, 646 So. 2d 791 (Fla. 2d DCA 1994), and Thomas v. State, 612 So. 2d 684 (Fla. 5th DCA 1993), could be interpreted to hold that the trial court may not delegate to the Department of Corrections the task of determining the specific amount of time to be credited for a…
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Byers v. State, 652 So. 2d 1221 (Fla. 2d DCA 1995)…State v. Green, 547 So. 2d 925 (Fla.1989), and Tripp v. State, 622 So. 2d 941 (Fla.1993), since the crimes occurred before October 1, 1989, Byers’ credit for time served should include the time actually served and gain time. Under Branton v. State, 646 So. 2d 791 (Fla. 2d DCA 1994), it is the function of the sentencing court to assure compliance with Tripp. Accordingly, since the sentencing order in this case does not indicate that Byers is to receive credit for time actually served and credit for gain time…
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Sapp v. State, 652 So. 2d 1194 (Fla. 1st DCA 1995)…ursuant to section 944.275, but does not include provisional credits or administrative gain time). Because it is the function of the sentencing court to assure compliance with Green, this case must be remanded for resentencing. See Branton v. State, 646 So. 2d 791 (Fla. 2d DCA 1994). We note that while the trial court is required to specifically provide for Green credit in its sentence, it may delegate to the Department of Corrections the ministerial task of determining the exact amount of such credit. Bacon…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)
- Thomas v. State, 612 So. 2d 684 (Fla. 5th DCA 1993)