THOMAS G. BAYSHORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant is entitled to credit for time served on his first incarceration when sentenced after probation revocation, under Tripp v. State.
A defendant sentenced to probation consecutive to incarceration who violates probation and receives a new sentence must receive credit for time served on the first offense.
[1] Where a defendant is sentenced to probation consecutive to incarceration and later violates probation, credit for time served on the first offense must be awarded upon se…
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced to incarceration in 1990 on one charge and probation on another to run consecutively. While on probation, he was arrested on a…
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PER CURIAM.
In this appeal from a denial of his motion to correct an illegal sentence, appellant claims that the court erred in denying relief because Tripp v. State, 622 So. 2d 941 (Fla. 1993), applies. That ease held that where a trial court imposes a term of probation on an offense consecutive to a sentence of incarceration on another offense, when the probationer violates his probation, credit for time served on the first offense must be awarded on the sentence imposed after revocation. Here, appellant is in a similar position to the defendant in Tripp. He was sentenced to incarceration in 1990 for one charge and to probation on another, to be served consecutive to the incarceration. He was arrested on another charge while on probation. Based on a plea of guilty to the violation of probation, appellant was sentenced to nine years in prison with credit for jail time served on the violation of probation. No credit for his first incarceration was mentioned at the sentencing.
Under Tripp, appellant is entitled to credit for the time spent incarcerated on the first offense. Litvin v. State, 639 So. 2d 71 (Fla. 4th DCA 1994); Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993). Therefore, we remand to the trial court to give credit in accordance with Tripp for the time served on the first offense.
Reversed and remanded.
GLICKSTEIN, STONE and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hodgdon v. State, 764 So. 2d 872 (Fla. 4th DCA 2000)…tive sentences. The trial court sentenced appellant to a total of forty years in prison with credit for fifteen years time served. We affirm. See Cook v. State, 645 So. 2d 436 (Fla.1994), Tripp v. State, 622 So. 2d 941 (Fla.1993), Bayshore v. State, 651 So. 2d 248 (Fla. 4th DCA 1995), Campbell v. State, 631 So. 2d 390 (Fla. 1st DCA 1994), Thomas v. State, 627 So. 2d 1295 (Fla. 5th DCA 1993). We remand with instructions for the trial court to correct its written violation of probation judgment and sentence s…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993)
- Litvin v. State, 639 So. 2d 71 (Fla. 4th DCA 1994)