TYRONE DAVIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On the State’s confession of error as well as our independent review of the record, we reverse the' summary denial of appellant’s postconviction motion to correct his sentence. When' appellant was sentenced for violating his community control, the trial court erroneously failed to credit him for time served in prison during the incareerative portion of his original split sentence. “[A] prisoner who is 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 commencement of the probationary term.” Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997). See Tripp v. State, 622 So. 2d 941, 942 (Fla.1993); Manning v. State, 696 So. 2d 1186 (Fla. 3d DCA 1996); Smith v. State, 685 So. 2d 1362, 1363 (Fla. 2d DCA 1996); Black v. State, 623 So. 2d 641 (Fla. 3d DCA 1993).
Accordingly, the matter is remanded to the trial court for correction of the sentencing order under review.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Moore v. Stephens, 804 So. 2d 575 (Fla. 5th DCA 2002)…t a defendant who is resentenced to prison after violating 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 in…
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Powell v. State, 763 So. 2d 364 (Fla. 4th DCA 1998)…s resentenced to prison after violation of the probationary 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,…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Manning v. State, 696 So. 2d 1186 (Fla. 3d DCA 1996)
- Sainvilus v. State, 689 So. 2d 1261 (Fla. 3d DCA 1997)
- 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)