PAUL J. STASCHAK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant should receive credit for prior prison time served on one felony when that sentence was imposed concurrently with a probationary period for another felony, even if the probation was revoked.
Paul J. Staschak appealed the denial of his motion to correct sentence, seeking credit for prison time served on felony B against a sentence for felon…
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PER CURIAM.
Paul J. Staschak appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse. The sole issue Staschak raises is the propriety of the sentencing judge’s failure to award him, upon violating probation on felony A, credit for earlier prison time served on felony B, when the prison sentence in felony' B was imposed at the same proceeding and with the same guideline seoresheet as was the consecutive probationary supervision which was subsequently revoked, resulting in the sentence on felony A he now challenges.1
The trial court denied Staschak credit for this prison time on the basis that he had not served any time for that offense (felony A) and that he was thereby not entitled to credit. This reasoning overlooks the supreme court’s analysis 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., concur. . The facile denomination of these crimes as "felony A” and "felony B” is necessitated by the sheer volume of felony cases which were disposed of simultaneously. In fact, Staschak’s claim pertains to numerous convictions for which he may have been improperly denied prison credit, which the trial court set forth methodically in its order of denial, the listing of which in the body of the opinion would only obfuscate the issue in need of resolution.
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Burnett v. State, 745 So. 2d 1043 (Fla. 2d DCA 1999)…gainst each sentence for time spent in jail only for the charge which led to the sentence. A trial court would be correct in relying on Keene, but only in regard to jail credit; prison credit is handled differently. This court, in Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998), explained the controlling principle on prison credit in simple terms: The sole issue Staschak raises is the propriety of the sentencing judge’s failure to award him, upon violating probation on felony A, credit for earlier priso…
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Hampton v. State, 780 So. 2d 922 (Fla. 1st DCA 2001)…onclusively refute these allegations, we reverse the summary denial of those two claims. On remand, the trial court is directed to evaluate appellant’s prison credit claim in light of Tripp v. State, 622 So. 2d 941 (Fla.1993), and Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998). Should the trial court again deny the appellant’s remaining claims, it must attach portions of the record conclusively demonstrating that the appellant is not entitled to relief. The order denying relief is affirmed in all other…
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Hopps v. State, 725 So. 2d 1204 (Fla. 2d DCA 1999)…charge which led to the sentence. The trial court is correct in relying on Keene, but only in regard to jail credit; prison credit is handled differently. This court recently explained the controlling principle in simple terms in Staschak v. State, 718 So. 2d 1262 (Fla. 2d DCA 1998): The sole issue Staschak raises is the propriety of the sentencing judge’s failure to award him, upon violating probation on [*1205] felony A, credit for earlier prison time served on felony B, when the prison sentence in felony…
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- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)
- Griffith v. State, 706 So. 2d 902 (Fla. 2d DCA 1998)