DUSTIN W. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1363] PER CURIAM.
Dustin Smith challenges the trial court’s denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court properly rejected his claim that he should be awarded credit toward his current prison sentence for time served on probation prior to its revocation which resulted in his current confinement. Meader v. State, 665 So. 2d 344 (Fla. 4th DCA 1995). The court did not, however, rule on a subsidiary claim which we hold that Smith raised sufficiently, albeit inartfully, and we reverse for the trial court to address it.
Initially Smith was sentenced to eighteen months in prison followed by three years’ probation. When he violated his probation, the court imposed a term of 3 and 1⅜ years, and, according to his motion, failed to award any credit for time previously served. A prisoner sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison prior to the commencement of the probationary term. Tripp v. State, 622 So. 2d 941 (Fla.1993).
We affirm the trial court’s denial of his claim that he is entitled to credit for time spent on probation, and reverse for the trial court to evaluate his motion in light of Tripp.
Affirmed in part, reversed in part, and remanded.
PATTERSON, A.C.J., and FULMER and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Moore v. Stephens, 804 So. 2d 575 (Fla. 5th DCA 2002)…olating the probationary portion of a split sentence is entitled to credit for time served prior to the probationary term, citing Powell v. State, 763 So. 2d 364 (Fla. 4th DCA 1998); Davis v. State, 701 So. 2d 119 (Fla. 3d DCA 1997); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); and Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). However, all of these cases involve “probationary” split sentences, not “true” split sentences. Stephens incorrectly attempts to extend this rule of law to “tr…
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Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997)…] lating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison, prior to commencement of the probationary term. See Tripp v. State, 622 So. 2d 941, 942 (Fla.1993); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); see also Manning v. State, 21 Fla. L. Weekly D1481, — So. 2d — [1996 WL 347131] (Fla. 3d DCA June 26, 1996); Black v. State, 623 So. 2d 641 (Fla. 3d DCA 1993). Thus, we remand this cause with directions that the trial cou…
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Powell v. State, 763 So. 2d 364 (Fla. 4th DCA 1998)…ationary portion of his split sentence is entitled to credit for time actually served on the prison portion of his split sentence prior to the commencement of. the probationary term. Davis v. State, 701 So. 2d 119 (Fla. 3d DCA 1997); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); Silverstein v. State, 654 So. 2d 1040 (Fla. 4th DCA 1995). Additionally, a defendant is entitled to credit for time spent in custody on the violation of probation charges, Morgan v. State, 528 So. 2d 991 (Fla. 4th DCA 1988)…
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- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Meader v. State, 665 So. 2d 344 (Fla. 4th DCA 1995)