FRANK L. NIX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant is entitled to credit for time served in prison prior to his probation violation resentencing, and the trial court's summary denial of his Rule 3.800(a) motion was reversed.
Upon violation of probation and resentencing, a defendant is entitled to prison credit for all time served on the charge prior to resentencing.
[1] Upon violation of probation and resentencing, a defendant is entitled to prison credit for all time served on the original charge prior to resentencing.
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced to three years' imprisonment followed by two years' probation on October 27, 1993. After violating probation, he was resentenc…
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion to correct his illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which he alleged that he is entitled to credit for time served in prison prior to his violation of probation. Because the appellant has stated a facially sufficient claim for relief that his sentence is illegal, we reverse.
On October 27, 1993, the appellant was sentenced to three years’ imprisonment to be followed by two years’ probation. On July 19, 2005, after a violation of probation, the appellant was sentenced to eighteen months’ imprisonment. The appellant was not awarded credit for the time he spent in prison prior to his resentencing after his violation of probation. Upon a violation of probation and resentencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing. See Swain v. State, 845 So. 2d 314 (Fla. 2nd DCA 2003)(re-manding the denial of a rule 3.800(a) motion for the trial court to check the prison credit box so that the appellant would be awarded time served on the charges prior to resentencing); Corpus v. State, 744 So. 2d 594, 595 (Fla. 2d DCA 1999) (remanding to trial court to check the prison credit box on the sentencing form).
We accordingly reverse and remand for the trial court to resentence the appellant and award prison credit for his time served prior to his violation of probation.
REVERSED.
WEBSTER, POLSTON, and HAWKES, JJ., concur.
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Lowndes v. State, 98 So. 3d 1271 (Fla. 1st DCA 2012)…tion. For the reasons discussed below, we reverse and remand for further proceedings. "When a defendant is resentenced for violating probation, he is entitled to prison credit for all time served on that charge prior to resentencing. Nix v. State, 941 So. 2d 568 (Fla. 1st DCA 2006); see also § 921.0017, Fla. Stat. (2009) (upon revocation of probation the trial court shall determine amount of time spent in jail between date of arrest as probation violator and sentence date, and “shall direct the Department o…
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Wigley v. State, 183 So. 3d 473 (Fla. 1st DCA 2016)…of the judgment reveals that the trial court only awarded prison credit on count I in each case. However, the appellant was entitled to prison credit on count II as well, as he previously served 6 years in prison for that offense. See Nix v. State, 941 So. 2d 568, 569 (Fla. 1st DCA 2006) (citing Swain v. State, 845 So. 2d 314, 314 (Fla. 2d DCA 2003), and Corpus v. State, 744 So. 2d 594, 595 (Fla. 2d DCA 1999)). Insofar as he argues that the Department of Corrections is misapplying the prison credit awarded o…
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Welch v. State (Fla. 1st DCA 2024)…e write to address the first issue and affirm on the second without further discussion. “Upon a violation of probation and resentencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing.” Nix v. State, 941 So. 2d 568, 569 (Fla. 1st DCA 2006). Here, Appellant was previously sentenced to prison and then released on probation. The written sentencing order includes a paragraph for the trial court to indicate the time served in jail between the date of arrest for…
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- Richard v. Pruitte, 845 So. 2d 314 (Fla. 2d DCA 2003)
- Corpus v. State, 744 So. 2d 594 (Fla. 2d DCA 1999)