CLARENCE CRAWLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-04-25
No. 2D99-3908
PARKER, A.C.J., and ALTENBERND, J., concur.
787 So. 2d 886 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 3 cases

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Synopsis

Clarence Crawley appeals his conviction and 72-month sentence for robbery with a firearm, including a three-year mandatory minimum. Although the state conceded sentencing error, the appellate court affirmed both the conviction and sentence, holding that Crawley's situation of serving consecutive prison terms from two separate cases separated by a probationary period complies with Florida law.


Holding

The sentence is not illegal. Crawley will serve the incarceration portion of his youthful offender sentence, then the consecutive incarceration from the instant case, followed by the probationary term imposed in the earlier case. One cannot serve a prison term and be on probation simultaneously, and probation commences upon release from incarceration.


Headnotes

[1] A probationary period imposed as part of a split sentence under the Youthful Offender Act commences immediately upon the offender's release from incarceration.

[2] A defendant cannot serve a prison term and be on probation simultaneously.

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Key Quotes

“one cannot serve a prison term and be on probation simultaneously and that Porter must serve his Gadsden County probationary portion of his sentences”

Establishes the core legal principle that probation and incarceration cannot run concurrently, supporting the conviction that probation commences only upon release from imprisonment.

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Facts & Procedural History

Crawley was convicted of robbery with a firearm in one case and sentenced on September 15, 1999, to 72 months incarceration with a three-year mandator…

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Opinion of the Court
GREEN, Judge.

GREEN, Judge.

Clarence Crawley appeals the trial court’s judgment and sentence dated September 15, 1999, adjudicating him guilty of robbery with a firearm and sentencing him to seventy-two months’ incarceration, including a three-year minimum mandatory sentence for use of the firearm. Although the state confesses error with respect to the sentence, we affirm both the conviction and sentence.

The prison sentence in this appeal is to be served consecutive to Hillsborough County case 97-16269, in which Crawley was sentenced on June 9, 1999, as a youthful offender to four years’ incarceration, to be followed by two years’ probation. Neither party to this appeal suggests that these two cases have any relationship, other than being prosecuted against Crawley in the same county. We attribute no significance to the location where Crawley chose to commit his crimes, but only comment with respect to Crawley’s prior case which resulted in a split sentence under the Youthful Offender Act. See § 958.04(1), Fla. Stat. (Supp.1996).

Crawley contends that his sentence in the instant case is illegal because he would be serving two prison sentences separated by a period of probation. We disagree. Crawley’s situation is similar to that of George Albert Porter as reported in Porter v. State, 585 So. 2d 899 (Fla. 1st DCA 1991).

Porter was sentenced in a series of unrelated cases from two different counties. He was sentenced in March 1986 in five separate cases in Gadsden County to a split sentence totaling thirty months in prison to be followed by two years’ probation. In October of the same year, he was sentenced in Leon County in three cases to one five-year and two nine-year prison terms to run concurrently with each other, but consecutively to the Gadsden County sentences. Upon release from incarceration, Porter contended that his probation term began running upon his completion of the Gadsden County prison terms and thus expired while he was serving his Leon County prison terms. The First District Court of Appeal disagreed holding that one cannot serve a prison term and be on probation simultaneously and that Porter must serve his Gadsden County probationary portion of his sentences. Porter, 585 So. 2d at 400.

The youthful offender statute provides that, in the event of the incarceration of a youthful offender and an added sentence of probation or community control, “the period of probation or community control shall commence immediately upon the release of the youthful offender from incarceration.” § 958.04(2)(c), Fla. Stat. (Supp.1996).

We therefore determine that Crawley will serve the sentence of incarceration from his youthful offender sentence and the consecutive sentence of incarceration from the instant case, to be followed by the probationary term also imposed in the earlier Hillsborough County case.

We affirm Crawley’s conviction and sentence.

PARKER, A.C.J., and ALTENBERND, J., concur.


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Citator

Cited By

  • Teal v. State, 197 So. 3d 610 (Fla. 2d DCA 2016)
    …PER CURIAM. Affirmed. See Crawley v. State, 787 So. 2d 886 (Fla. 2d DCA 2001); Foster v. State, 889 So. 2d 951 (Fla. 5th DCA 2004); State v. Savage, 589 So. 2d 1016 (Fla. 5th DCA 1991). SILBERMAN, WALLACE, and SALARIO, JJ., Concur.…
  • State v. Fiddemon (Fla. 4th DCA 2020)
    …of his community control; the trial court properly rejected the defendant’s argument that his community control and probation terms had expired during his incarceration, because those terms were tolled during his incarceration). • Crawley v. State, 787 So. 2d 886, 887 (Fla. 2d DCA 2001) (affirming sentence where the defendant was sentenced in one case to a prison term to be followed by a probation term, then was sentenced in a second unrelated case in the same county to a prison term to be served consecutive…

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