WILLIAM TODD LARIMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Todd Larimore challenged the denial of his rule 3.800 motion seeking credit for time served on a split sentence. The court reversed and remanded, holding that Larimore was entitled to credit for time served on the in-carcerative portion of his original sentence when resentenced for violating probation.
The appellant is entitled to credit for time served on the in-carcerative portion of his split sentence upon resentencing for violation of probation. Although crediting time served may erase the subsequent probation violation sentence, this result is mandated by Tripp v. State.
[1] A split sentence may arise from separate crimes and sentences where both crimes were scored on a single scoresheet and considered in forming a scoresheet sentence.
[2] If a trial court imposes a term of probation on one offense consecutive to a sentence of incarceration on another offense, credit for time served on the first offense mus…
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Join FLexlaw to unlock all legal intelligence“if a trial court imposes a term of 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”
Establishes the controlling legal standard from Tripp v. State for awarding credit for time served in split sentence cases.
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Join FLexlaw to unlock all legal intelligenceLarimore was originally charged in two cases with sexual battery and lewd acts. He pleaded guilty to two counts of lewd, lascivious or indecent acts u…
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PER CURIAM.
Appellee’s Motion for Rehearing is granted. This court’s opinion dated March 12, 2002 is withdrawn and the opinion below is substituted therefor. The appellant challenges the summary denial of his rule 3.800 motion in which he sought credit for time served on a split sentence. Because the appellant was entitled to credit for time served on the in-carcerative portion of his sentence upon resentencing for the violation of the probationary portion of his sentence, we reverse.
The appellant was originally charged in two cases with one count of sexual battery upon a person less than 12 years of age, and one count of lewd, lascivious or indecent act in each case. Both cases were scored on the same scoresheet. Pursuant to a plea agreement the appellant pled guilty to two charges of lewd, lascivious or indecent acts and received 15 years of incarceration on one case and 5 years of probation on the other case to be served consecutively. After completing his 15-year sentence, the appellant violated his probation and was sentenced to 5 years of incarceration.
Under Tripp v. State, 622 So. 2d 941, 942 (Fla.1993), separate crimes and sentences may constitute a split sentence where both crimes were scored on a single scoresheet, and considered in forming a scoresheet sentence. Under these circumstances, the Florida Supreme Court has “[held] that if a trial court imposes a term of 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.” Id. Although crediting the appellant with time served may have the effect of erasing the subsequent sentence for the probation violation because the subsequent sentence is less than the original inearcer-ative period, this result is mandated by Tripp.
Since the appellant received a split sentence for two cases which were scored on a single scoresheet, he should have received credit for time served after resentencing for his violation of probation.
Reversed and Remanded for resentencing.
BOOTH, BROWNING and POLSTON, JJ., concur.
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Larimore v. State, 2 So. 3d 101 (Fla. 2008)…Tripp v. State, 622 So. 2d 941 (Fla.1993), for the 15 years served on his prison sentence (which included both actual prison time served and gaintime) which had the effect of erasing his five-year sentence for violating probation. Larimore v. State, 823 So. 2d 287 (Fla. 1st DC A 2002). Shortly thereafter, based on the revocation of probation, the Department of Corrections forfeited the gaintime (2,830 days) earned on Lari-more’s 15-year prison sentence, relying on section 944.28(1), Florida Statutes. On Nove…
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Gibson v. Fla. Dep't OF Corr., 885 So. 2d 376 (Fla. 2004)
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Larimore v. State, 917 So. 2d 354 (Fla. 1st DCA 2005)…Tripp v. State, 622 So. 2d 941 (Fla.1993), for the 15 years served on his prison sentence (which included both actual prison time served and gaintime) which had the effect of erasing his five-year sentence for violating probation. Larimore v. State, 823 So. 2d 287 (Fla. 1st DCA 2002). Shortly thereafter, based on the revocation of probation, the Department of Corrections forfeited the gaintime (2,830 days) earned on Larimore’s 15-year prison sentence, relying on section 944.28(1), Florida Statutes. On Novemb…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)