RONALD BRADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court had jurisdiction to adjudicate a violation of community control because the supervision term was tolled during the period of the defendant's incarceration.
Ronald Bradley was sentenced to community control and probation. While incarcerated on an unrelated charge, he was charged with violating his communit…
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ANTOON, J.
Ronald Bradley appeals his judgment and sentence entered by the trial court after he was adjudicated guilty of violating his community control. We affirm.
On September 18, 1995, Mr. Bradley was sentenced on his conviction for possession of cocaine1 to a term of one year community control followed by one year of probation. At the time of sentencing, Mr. Bradley was incarcerated on a separate, unrelated charge.
On October 8, 1997, Mr. Bradley was charged with violating the terms of his community control. At the adjudicatory hearing, defense counsel argued the trial court lacked jurisdiction to adjudicate Mr. Bradley in violation of his community control because the term of his state supervision had expired. Defense counsel maintained that, since Mr. Bradley received a sentence requiring a total of two years of state supervision, his sentence had expired on September 18, 1997, twenty days before he was charged with violating the terms of his community control.
The trial court rejected this argument noting that, although Mr. Bradley was sentenced on September 18, 1995, he was incarcerated from that date through May of 1997, and that the two-year term of his state supervision was tolled during the period of his incarceration. In so ruling, the trial court properly relied on State v. Savage, 589 So. 2d 1016 (Fla. 5th DCA 1991), determining that Mr. Bradley was still under state supervision when he violated the terms of his community control. Finding no error in the court’s ruling, we affirm. See also Porter v. State, 585 So. 2d 399 (Fla. 1st DCA 1991), rev. denied, 599 So. 2d 657 (Fla.1992).
JUDGMENT and SENTENCE AFFIRMED.
DAUKSCH and GOSHORN, JJ., concur. . § 893.13(6)(a), Fla. Stat. (1993).
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Evans v. Singletary, 737 So. 2d 505 (Fla. 1999)…o-year term of a releasee’s community control supervision was tolled during the period of his incarceration for another offense, and thus he was still under state supervision when he violated the terms of his community control. See Bradley v. State, 721 So. 2d 775 (Fla. 5th DCA 1998). In this case, we conclude that if the legislature determined that there was a need for additional post-prison supervision for these more at-risk releasees, requiring that they serve their Conditional Release supervision in pris…
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Jones v. State, 964 So. 2d 167 (Fla. 5th DCA 2007)…sentence would be tolled since a probationary term should not be allowed to expire simply because a defendant has decided to incur new prison time as a result of a separate and distinct offense. Applying this concept, the court in Bradley v. State, 721 So. 2d 775 (Fla. 5th DCA 1998), held that defendant’s supervision was tolled during the period of his incarceration, and, therefore, he was still under state supervision when he violated the terms of his community control. Accord Williams v. State, 773 So. 2d…
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Bolden v. Fla. Dep't OF Corr., 865 So. 2d 1 (Fla. 1st DCA 2002)…ce and then toll the beginning of the supervision period until the inmate had been released from prison. In upholding the Department’s actions, the court cited with approval State v. Savage, 589 So. 2d 1016 (Fla. 5th DCA 1991), and Bradley v. State, 721 So. 2d 775 (Fla. 5th DCA 1998), as authority for tolling the supervision period while the inmate remained in prison on unrelated, uncovered offenses. The court explained that requiring these more at-risk offenders to serve their conditional-release supervision…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. Singletary, 589 So. 2d 1016 (Fla. 2d DCA 1991)
- Porter v. State, 585 So. 2d 399 (Fla. 1st DCA 1991)