GUY BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by failing to consider the defendant's claim for credit for time served on a prior sentence when sentencing for a probation violation.
The defendant pleaded guilty to multiple offenses and received concurrent sentences followed by probation. After violating probation, he was sentenced…
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[*1129] BLUE, Chief Judge.
Guy Barnes appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his admittedly less than artfully drafted motion, Barnes makes a claim which may have merit pursuant to Tripp v. State, 622 So. 2d 941 (Fla.1993). Because the trial court failed to consider this claim, while properly denying Barnes’ claims presented in an amended motion, we affirm in part but remand to the trial court to consider the Tripp issue.
Barnes pleaded guilty to two counts of attempted sexual battery and to one count of a lewd and lascivious act in case number 89-1193. In case number 89-11041, he pleaded no contest to one count of sexual battery. He was sentenced, using a single scoresheet, to concurrent terms of twelve years’ incarceration for all counts in 89-1193, followed by a fifteen-year probationary period in 89-11041.
After being released from prison, Barnes violated his probation and was placed on community control. Barnes violated community control and was sentenced to prison. Barnes contends that upon his sentencing for violation of community control in case number 89-11041, he was entitled to the credit for the time previously served in case number 89-1193. The trial court, however, failed to address this claim. It appears that Barnes may be entitled to credit. If a trial court imposes probation on one offense consecutive to a sentence of incarceration on another offense, credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense. See Tripp; see also Cook v. State, 645 So. 2d 436 (Fla.1994). Accordingly, we reverse and remand for the trial court to address this claim. We affirm the trial court’s order as to Barnes’ other claims.
Affirmed in part, reversed in part, and remanded.
DAVIS and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Freeman-Jew v. State, 18 So. 3d 1254 (Fla. 2d DCA 2009)…t is required to award credit for time served on the first offense toward the new prison sentence on the second offense. Id. at 942-43. Rule 3.800(a) may be used to challenge a trial court’s failure to award Tripp credit. See, e.g., Barnes v. State, 814 So. 2d 1128 (Fla. 2d DCA 2002). We conclude that the sentencing documents do not reflect the full amount of Tripp credit to which Freeman-Jew is entitled. We therefore reverse and remand for amendment of the sentencing documents in CF91-398 to reflect fifteen…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)