JOE MATHIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Joe Mathis appeals sentencing orders imposed after revocation of community control. The court reverses and remands, finding that Mathis is entitled to credit for time served in custody and credit for time previously served on probation or community control.
Mathis is entitled to credit for time served in case 92-819 under Florida statute § 921.161. In case 92-30304, credit for jail time must be awarded when incarceration is imposed as a condition of probation; the trial judge may grant such credit or restructure the sentence on remand. Additionally, Mathis is entitled to credit for time previously served on probation or community control under State v. Summers.
[1] A defendant is entitled to credit for time served in jail when incarcerated prior to disposition of offenses.
[2] A sentence imposing a period of incarceration as a condition of probation requires credit for jail time served.
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Join FLexlaw to unlock all legal intelligence“In circuit court case no. 92-819, defendant is entitled to be awarded credit for time served. See § 921.161, Fla.Stat. (1991).”
Establishes the statutory right to credit for time served in the first case.
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Join FLexlaw to unlock all legal intelligenceIn 1992, Mathis was arrested for two offenses and incarcerated for approximately four and one-half months before disposition. Pursuant to a plea agree…
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PER CURIAM.
Joe Mathis appeals sentencing orders entered upon revocation of community control. We reverse.
In 1992 defendant was arrested for two offenses. He was incarcerated for approximately four and one-half months prior to disposition. Pursuant to a plea agreement, defendant was adjudicated guilty of a first degree misdemeanor in circuit court case no. 92-819 and a third degree felony in circuit court case 92-30304. Defendant was placed on probation which he soon violated. Defendant was then placed on community control which he also violated. Defendant was then sentenced to the legal maximum of one year in jail in case no. 92-819. He was sentenced to five years’ probation with a special condition that he serve a 364-day term in county jail in case no. 92-30304. In neither case was defendant awarded credit for time served in county jail for these offenses.
In circuit court case no. 92-819, defendant is entitled to be awarded credit for time served. See § 921.161, Fla.Stat. (1991).
In circuit court case no. 92-30304, the court imposed a five-year probationary term with a special condition that defendant serve 364 days in jail. See § 948.03(5), Fla.Stat. (1991). Such a sentence requires “credit for jail time when a period of incarceration is imposed as a condition of probation.” Willis v. State, 543 So. 2d 343, 343 (Fla. 1st DCA 1989); see also Springer v. State, 616 So. 2d 1105 (Fla. 5th DCA 1993); Hyatt v. State, 605 So. 2d 957 (Fla. 2d DCA 1992); Walker v. State, 543 So. 2d 343 (Fla. 1st DCA 1989). However, since it is possible to restructure this sentence to carry out the trial judge’s intent, see Toombs v. State, 404 So. 2d 766 (Fla. 3d DCA 1981), review denied, 412 So. 2d 471 (Fla.1982), we remand so that the trial judge may either grant credit for time served or restructure the sentence as permitted by Toombs. See 404 So. 2d at 768.
Defendant also argues, and the State concedes, that the defendant is entitled to have his probationary period credited with time' previously served on probation or community control. Such credit is required by the Florida Supreme Court’s recent decision in State v. Summers, 642 So. 2d 742 (Fla.1994).1 The trial court did not, of course, have the benefit of Summers at the time of the defendant’s sentencing proceeding. On remand appropriate credit must be allowed in accordance with Summers.
The sentencing orders are reversed and the cause remanded for further proceedings consistent herewith.
. Defendant correctly points out that this court's decision in Quincutti v. State, 540 So. 2d 900 (Fla. 3d DCA 1989), does not survive Summers.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 194 So. 3d 380 (Fla. 3d DCA 2016)…proper amount of credit for time previously served by Toombs, and to permit the trial court to impose a restructured sentence consistent with the trial court’s clearly and unequivocally articulated original sentencing goal. See also Mathis v. State, 649 So. 2d 279 (Fla. 3d DCA 1995) [*383] (reversing sentence that did not properly award credit for time served but remanding to award proper credit and to permit trial court to restructure sentence to carry out the trial court’s clear sentencing intent).1 Gonzal…
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Ramos v. State, 931 So. 2d 1023 (Fla. 3d DCA 2006)…and 15-16. The State points out, however, that the sentences can be restructured through the use of consecutive sentences in order to accomplish the original sentencing intent. See Hanna v. State, 823 So. 2d 299 (Fla. 3d DCA 2002); Mathis v. State, 649 So. 2d 279 (Fla. 3d DCA 1995). The State may request such restructuring on remand to the trial court. The defendant’s fifty-year sentences for counts one and two are legal sentences and are not to be disturbed. See Ferguson, 804 So. 2d at 412. The defendant a…
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Olson v. State, 654 So. 2d 304 (Fla. 3d DCA 1995)…the [*306] failure to do so caused the defendant’s total term of probation to exceed the statutory maximum sentence for a third-degree felony. See Summers, 642 So. 2d at 743; Gordon v. State, 649 So. 2d 326, 328 (Fla. 5th DCA 1995); Mathis v. State, 649 So. 2d 279, 280 (Fla. 3d DCA 1995); Straughan, 636 So. 2d at 846; Wardell, 631 So. 2d at 1131; Moore, 623 So. 2d at 797. Consequently, because the trial court failed to credit the defendant with the time that he had already served on probation, the imposition…
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
- Carder v. State, 642 So. 2d 742 (Fla. 1994)
- Toombs v. State, 404 So. 2d 766 (Fla. 3d DCA 1981)
- Willis v. State, 543 So. 2d 343 (Fla. 1st DCA 1989)
- Quincutti v. State, 540 So. 2d 900 (Fla. 3d DCA 1989)
- Hyatt v. State, 605 So. 2d 957 (Fla. 2d DCA 1992)
- Brown v. Singletary, 616 So. 2d 1105 (Fla. 1st DCA 1993)
- Springer v. State, 616 So. 2d 1105 (Fla. 5th DCA 1993)