ROBERT J. WHITFIELD, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a trial court's denial of a habeas corpus petition. The appellant argued he should receive credit for time served on a prior sentence after violating probation on a subsequent offense.
Yes, the defendant is entitled to credit for the time previously served on the first sentence. This is cognizable as a motion to correct an illegal sentence.
[1] A defendant is entitled to credit for time served on a prior sentence when probation is revoked on a consecutive offense, even if the probation was imposed on a separate…
[2] A motion to correct an illegal sentence under Rule 3.800(a) can be filed at any time.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“upon his violation of probation he was entitled to credit for the twelve years previously served on the first ease for which he was sentenced.”
Establishes the appellant's core argument and the court's agreement.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRobert Whitfield was sentenced for multiple offenses, including a term of imprisonment followed by probation. After violating probation, he was senten…
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DAUKSCH, Judge.
Appellant, Robert Whitfield, timely appeals the trial court’s order denying his petition for writ of habeas corpus.
Appellant was sentenced to a twelve-year term of imprisonment for the offenses of principal to sexual battery, uttering a false or forged instrument and two counts of forgery. The sentence was to be followed by ten years probation for the separate offense of dealing in stolen property. Following appellant’s violation of probation, the trial court adjudicated him guilty of the underlying offense and sentenced him to serve five years imprisonment with credit for 166 days. Appellant filed a petition for writ of habeas corpus in which he alleged that he was entitled to immediate release based upon the trial court’s failure to credit him with the twelve years previously served for the offenses of principal to sexual battery, uttering a false or forged instrument and two counts of forgery. The trial court denied appellant’s petition.
Relying upon Tripp v. State, 622 So. 2d 941 (Fla.1993), appellant correctly contends on appeal that upon his violation of probation he was entitled to credit for the twelve years previously served on the first ease for which he was sentenced. In Tripp, the supreme eourt held that the trial court’s imposition of a term of probation on one offense, consecutive to a sentence of incarceration on another offense, entitles a defendant to credit for time served on the first offense on the sentence imposed following a revocation of probation on the second offense. See also Cook v. State, 645 So. 2d 436 (Fla.1994). Appellant also correctly contends that his argument is cognizable as a 3.800(a) motion to correct illegal sentence because an illegal sentence can be corrected at any time. See Dock v. State, 671 So. 2d 297 (Fla. 5th DCA 1996). Accordingly, the order appealed is reversed and the cause remanded to the trial court with directions to credit appellant for all time previously served in the first case. See Tripp; Dock. If he is entitled to release then that should be done.
REVERSED and REMANDED.
COBB and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Beaufort v. State, 717 So. 2d 631 (Fla. 5th DCA 1998)…r 94-22194. Pursuant to Tripp v. State, 622 So. 2d 941 (Fla.1993), he is entitled to credit for time served in prison for case number 94-22194, for both sentences after revocation of probation, under these circumstances. See also Whitfield v. State, 682 So. 2d 707 (Fla. 5th DCA 1996) (upon revocation of probation and imposition of a sentence on one offense, which probation was being served consecutive to sentence of incarceration on other offenses, a defendant is entitled to credit of all time served on those…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)
- Dock v. State, 671 So. 2d 297 (Fla. 5th DCA 1996)