LARRY HORTON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of post-conviction relief, holding that a defendant is not entitled to credit for time served in jail on an unrelated charge against a probation sentence imposed upon probation revocation.
A defendant is not entitled to credit for time spent incarcerated on an unrelated conviction against a probation sentence imposed upon revocation of probation.
[1] Credit for time on probation runs from the date the probation order is entered until the date the probation violation occurs or the affidavit of violation is filed, and a…
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Join FLexlaw to unlock all legal intelligenceHorton was incarcerated on an unrelated conviction during the period between when a probation violation charge was filed and when it was adjudicated. …
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PER CURIAM.
We affirm the order denying Horton’s motion for writ of error coram nobis, post-conviction relief, and/or to correct sentence. We are unpersuaded by Horton’s argument that he is entitled to credit for time served against his probation sentence, imposed upon revocation of probation, for the period of time that elapsed before the probation violation charge was adjudicated. During that time, Horton was incarcerated on an unrelated conviction. Credit for time spent on probation begins on the date the probation order is entered, and ends on the date the probation violation has occurred, as determined by the court, or, if that date cannot be ascertained, on the date the affidavit of probation violation is filed. Francois v. State, 676 So. 2d 1041, 1042 (Fla. 3d DCA), review granted, No. 88,540, 683 So. 2d 483 (Fla.1996). Contra Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996) (defendant entitled to credit from date of imposition of probation through date of probation revocation order); Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA)(same), review denied, 676 So. 2d 413 (Fla.1996). Thus, Horton is not entitled to credit toward probation for time spent in jail on an unrelated charge, awaiting an adjudication of the probation violation charge. See Weeks v. State, 496 So. 2d 942 (Fla. 2d DCA 1986) (probation tolled while defendant is prisoner in another jurisdiction as defendant was not under probationary supervision during that period).
Remaining points lack merit.
Affirmed.
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Tonnessen v. State, 688 So. 2d 1024 (Fla. 3d DCA 1997)…PER CURIAM. Affirmed. Horton v. State, 684 So. 2d 257 (Fla. 3d DCA 1996); Marquez v. State, 534 So. 2d 815 (Fla. 3d DCA 1988),…
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Horton v. State, 700 So. 2d 376 (Fla. 1997)…PER CURIAM. We have for review Horton v. State, 684 So. 2d 257 (Fla. 3d DCA 1996), based on conflict with Francois v. State, 695 So. 2d 695 (Fla.1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Larry Horton pled guilty to a lewd and lascivious act in violation of section 800.04, Florida Statutes (19…
Authorities Cited
- Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996)
- Fellman v. State, 673 So. 2d 155 (Fla. 5th DCA 1996)
- In re Est. OF Louise Delisio, 496 So. 2d 942 (Fla. 4th DCA 1986)
- Francois v. State, 676 So. 2d 1041 (Fla. 3d DCA 1996)