JOHN PALUMBO, 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.
Appellant's motion to correct illegal sentence was denied because a defendant who violates probation or community control in a split sentence cannot receive credit for that time against a newly imposed incarceration sentence.
A defendant who violates the probationary portion of a split sentence may not receive credit for time spent on probation or community control against a newly imposed sentence of incarceration.
[1] A defendant who violates probation or community control in a split sentence receives no credit for that time against a subsequently imposed incarceration sentence.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePalumbo pled guilty to making a false financial statement and third degree felony grand theft, receiving a suspended ten year habitual offender senten…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Violation Of Community Control cases and more on FLexlaw
PER CURIAM.
Appellant John Palumbo pled guilty to making a false financial statement and third degree felony grand theft. He received a suspended ten year habitual offender prison sentence on the grand theft, but the court did impose on him a one year jail term, followed by two years of community control and then three years of probation. For the false statement adjudication, he was sentenced to time served. As part of his plea, appellant agreed that if he violated probation, he would receive the ten year habitual offender sentence which had been suspended.
Appellant was found to have violated his community control, and it was revoked. He was sentenced to ten years in prison. He filed a motion to correct illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure, seeking credit for the time served on community control. The trial court summarily denied relief, and we affirm based on Young v. State, 22 Fla. L. Weekly S349 (Fla. June 19, 1997), in which the Supreme Court acknowledged that a defendant who violates the probationary portion of a split sentence may not receive credit for time spent on probation or community control against a newly imposed sentence of incarceration. See State v. Holmes, 360 So. 2d 380 (Fla.1978).
GUNTHER, WARNER and FARMER, JJ., concur.