SHAWN R. GRIFFITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the motion to correct an illegal sentence without refuting the defendant's claim for credit for prior time served.
[1] A motion to correct an illegal sentence may raise the issue of a trial court's failure to properly credit a defendant with prior prison time served.
[2] A defendant is entitled to credit for time served on a prior offense when probation is revoked on a subsequent offense, if the subsequent offense's sentence was imposed c…
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Join FLexlaw to unlock all legal intelligenceThe defendant was sentenced on multiple cases, with some sentences suspended and others consecutive. He claimed he was not properly credited for prior…
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PER CURIAM.
Shawn R. Griffith appeals the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Griffith’s motion sets forth only one ground for relief, which may have merit. We reverse and remand for further proceedings.
Griffith was sentenced on May 31,1988, on a single guidelines sentencing scoresheet, to one year incarceration in case number 88-008, suspended, followed by consecutive terms of two years’ community control in case number 88-017, and five years’ probation in case number 88-047. Griffith claims that he was sentenced for a violation of community control in case number 88-017 on June 20, 1989, to % years’ incarceration followed by five years’ probation in case number 88-047. In his motion, Griffith asserts that at his July 16, 1991, sentencing for a violation of probation in case number 88-047 the trial court failed to properly credit him with prior prison time served. This is an issue which may be raised in a motion to correct illegal sentence. See Belcher v. State, 685 So. 2d 1343 (Fla. 2d DCA 1996).
Relying upon Tripp v. State, 622 So. 2d 941 (Fla.1993), Griffith contends that upon his sentencing for violation of probation in case number 88-047, he was entitled to credit for the 4]£ years previously served in case number 88-017. In Tripp, the'supreme court held that the trial court’s imposition of a term of probation on one offense, consecutive to a sentence of incarceration on another offense, entitles a defendant to credit for time served on the first offense on the sentence imposed following a revocation of probation on the second offense. See also Cook v. State, 645 So. 2d 436 (Fla.1994). The trial court’s order fails to refute Griffith’s claim.
Accordingly, we reverse the order denying relief to Griffith. On remand, thé trial court may again deny Griffith’s claim by attaching portions of the record which refute it.
Reversed and remanded for further proceedings.
THREADGILL, A.C.J., and FULMER and GREEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shamus D. Layman v. State, 787 So. 2d 44 (Fla. 2d DCA 2001)…, the trial court’s failure to properly credit the defendant for prior-prison time served is an issue which the defendant may raise in a motion to correct illegal sentence. See Burnett v. State, 745 So. 2d 1043 (Fla. 2d DCA 1999); Griffith v. State, 706 So. 2d 902 (Fla. 2d DCA 1998). Here, Layman’s sentence upon violation of probation does not grant him credit for time previously served in the DOC on these same charges. Upon violating the probationary portion of a split sentence, the defendant is entitled to…
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Burnett v. State, 745 So. 2d 1043 (Fla. 2d DCA 1999)…case. He contends he is entitled to receive prison credit against the sentence on counts two, three, and four for the time previously served on count one. This issue is properly raised in a motion to correct illegal sentence. See Griffith v. State, 706 So. 2d 902 (Fla. 2d DCA 1998). The trial court denied Burnett relief, explaining that he only deserved prior prison credit on the count for which he had previously served time. This would be [*1044] analogous to this court’s reasoning in Keene v. State, 500 S…
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Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998)…of the issue in Tripp v. State, 622 So. 2d 941 (Fla.1993), and Cook v. State, 645 So. 2d 436 (Fla.1994). This court and others have determined that this is an appropriate issue to raise in a motion to correct illegal sentence. See Griffith v. State, 706 So. 2d 902 (Fla. 2d DCA 1998). We reverse the order of the trial court and remand with directions to the trial court to evaluate Staschak’s motion and amended motion in light of Tripp and its progeny. CAMPBELL, A.C.J., and PATTERSON and CASANUEVA, JJ., con…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)
- Belcher v. State, 685 So. 2d 1343 (Fla. 2d DCA 1996)