LOUIS SAINVILUS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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.
Appellant was sentenced as a youthful offender, served prison time, then probation. An affidavit of violation was filed, and he was found in violation…
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PER CURIAM.
Pursuant to his nolo contendere plea for attempted armed robbery and aggravated assault on a law enforcement officer, the appellant was sentenced as a youthful offender to four years imprisonment followed by two years of probation. The appellant was imprisoned from April 14,1993 until the date of his release on January 30, 1995. He then began his probationary term.
On October 4,1995, an affidavit of violation was filed against the appellant and he was taken into custody. On March 27, 1996, the appellant was found to be in violation of his probation after a hearing. He was sentenced by the trial court to a five and a half year prison term and awarded 165 days credit for time served, which the appellant asserts represents only the time he spent in jail awaiting his probation violation hearing.
On this appeal, the appellant asserts, and the state properly concedes that, the sentencing order did not award the appellant any credit for the time that he spent in prison from April 4, 1993 until January 30, 1995. A prisoner who is sentenced to prison for vio 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 court correct the sentencing order under review.
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Mulligan v. State, 955 So. 2d 1227 (Fla. 5th DCA 2007)…ted the terms of his probation, as well as the sentence for that violation. Mr. Mulligan also asserts that he was not given credit for the time he actually served in prison for the incarcerative portion of his split sentence. See Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997). We affirm in this respect, as well, because the error, if any, is unpreserved. A sentencing error is not appropriately raised on appeal unless it has first been brought to the attention of the trial court either at the time of…
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Dedeaire Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003)…rit in the argument because the defendant should have been granted credit for time served after the March 6, 2000 sentencing for the time he actually spent in county jail up until his release to boot camp on October 17, 2000. See Sainvilus v. State, 689 So. 2d 1261, 1261-62 (Fla. 3d DCA 1997)(finding defendant sentenced to prison for violating probation that was the second part of a split sentence is entitled to credit for time actually served in prison, prior to commencement of probationary term). Additionall…
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Gonzalez v. State, 194 So. 3d 380 (Fla. 3d DCA 2016)…such credit is waived. The defendant is entitled to such credit even when it results in a “windfall” requiring immediate release. Dortly v. State, 107 So. 3d 1229, 1230 (Fla. 1st DCA 2013) (internal citations omitted). See also Sainvilus v. State, 689 So. 2d 1261, 1261-62 (Fla. 3d DCA 1997) (holding that “[a] prisoner who is sentenced to prison for violating probation is entitled to credit for time actually served in prison, prior to commencement of the probationary term”). The trial court should properly h…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Smith v. State, 685 So. 2d 1362 (Fla. 2d DCA 1996)
- Black v. State, 623 So. 2d 641 (Fla. 3d DCA 1993)
- Kooler Control, Inc. v. Humidity Control Sys., Inc., 623 So. 2d 641 (Fla. 4th DCA 1993)