RICHARD EDWARD SHODA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The trial court must give credit for time previously served on probation towards a newly imposed community control sentence.
The First District Court of Appeal certified a question regarding credit for time served on probation towards a new community control sentence. The di…
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PER CURIAM.
We have for review Skoda v. State, 658 So. 2d 673 (Fla. 1st DCA 1995), wherein the First District Court of Appeal certified the following question to be of great public importance:
UPON REVOCATION OF PROBATION AND THE IMPOSITION OF NEW COMMUNITY CONTROL SENTENCE, MUST THE TRIAL COURT GIVE CREDIT FOR TIME PREVIOUSLY SERVED ON PROBATION TOWARDS THE NEWLY IMPOSED COMMUNITY CONTROL SENTENCE?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The district court concluded that the trial court in this case was not required to give Shoda credit for time previously served on probation towards a newly imposed term of community control. In reaching that conclusion, the district court relied on its prior decision in Eanes v. State, 648 So. 2d 174 (Fla. 1st DCA 1994), which we since have quashed. Eanes v. State, 662 So. 2d 334 (Fla.1995).
Accordingly, based on our decision in Eanes, we answer the certified question in the affirmative,1 quash the decision under review, and remand for further proceedings consistent with this decision.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. . Accord Waters v. State, 662 So. 2d 332 (Fla. 1995); State v. Roundtree, 644 So. 2d 1358 (Fla. 1994).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gardner v. State, 670 So. 2d 1185 (Fla. 5th DCA 1996)…wing a revocation of probation, a court must take into account all time previously served in prison and on probation, so that the total term of probation, community control and jail time imposed does not exceed the statutory maximum. Shoda v. State, 666 So. 2d 134 (Fla.1996); Waters v. State, 662 So. 2d 332 (Fla.1995); State v. Roundtree, 644 So. 2d 1358 (Fla.1994); State v. Summers, 642 So. 2d 742 (Flá.1994); Beagling v. State, 667 So. 2d 1019 (Fla. 5th DCA 1996); Gardner v. State, 656 So. 2d 933 (Fla. 1st D…
Authorities Cited
- Waters v. State, 662 So. 2d 332 (Fla. 1995)
- State v. Roundtree, 644 So. 2d 1358 (Fla. 1994)
- Eanes v. State, 662 So. 2d 334 (Fla. 1995)
- Eanes v. State, 648 So. 2d 174 (Fla. 1st DCA 1994)
- Justo L. Miranda v. State, 648 So. 2d 174 (Fla. 3d DCA 1994)
- Shoda v. State, 658 So. 2d 673 (Fla. 1st DCA 1995)
- Pub. GAS Co. & Feisco v. Monette, 658 So. 2d 673 (Fla. 1st DCA 1995)