ROBERT E. CHASE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2008-03-25
No. 1D07-5338
ALLEN, WEBSTER, and PADOVANO, JJ., concur.
977 So. 2d 708 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Robert Chase appeals the summary denial of his motion for postconviction relief following revocation of his probation for neglect of an elderly person. The court affirms the summary denial on most grounds but reverses on the issue of whether Chase was entitled to credit for time served on community control before revocation, finding that the trial court illegally imposed a sentence exceeding the statutory maximum by failing to apply such credit.


Holding

The court must credit time served on probation and community control to any newly imposed term of imprisonment and probation so that the total period of community control, probation, and imprisonment served and to be served does not exceed the statutory maximum. The trial court's failure to give Chase credit for his prior community control and probation time resulted in an illegal sentence exceeding the statutory maximum.


Headnotes

[1] A probationary split sentence imposed after revocation of probation or community control must give credit for time previously served on community control or probation, so…

[2] A court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or communit…

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Key Quotes

“When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082.”

Establishes the governing statute, showing both the rule against direct credit and the crucial limitation that total supervision cannot exceed the statutory maximum

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Facts & Procedural History

Following a plea of nolo contendere to neglect of an elderly person, the trial court withheld adjudication and placed Chase on community control for o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of an order summarily denying his motion for postconviction relief. We affirm the order in all respects except for the summary denial of appellant’s claim that the probationary split sentence imposed after the revocation of appellant’s probation for neglect" of an elderly person was illegal because the trial court failed to give credit for the time appellant previously served on community control. On that claim, we reverse and remand for further proceedings.

Following appellant’s plea of nolo con-tendere to neglect of an elderly person, the trial court withheld adjudication of guilt and placed appellant on community control for one year followed by one year of probation. The court subsequently revoked appellant’s probation, adjudicated appellant guilty, and sentenced appellant to 10 years in prison followed by five years of probation. Appellant then filed a motion for postconviction relief which, among other things, claimed that his 15-year probationary split sentence for neglect of an elderly person exceeded the 15-year statutory maximum because he was not given credit for the time he previously served on community control.

The trial court summarily denied appellant’s motion. Specifically,the court found that appellant’s sentence did not exceed the statutory maximum because appellant forfeited the time he previously served on community control when he violated the terms of his release. This appeal follows.

In concluding that appellant was not entitled, to. credit for the time he previously served on community control, the trial court relied on section 948.06, Florida Statutes (1997), .which provides in pertinent part: i

(3) When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community contrbl which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.

The trial court’s reliance on this provision was misplaced because the court overlooked the second crucial sentence. Upon revocation of probation following completion of community control, the court must credit time served on probation and community control to any newly imposed term of imprisonment and probation so that the total period of community control, probation, and imprisonment served and to be served does not exceed the statutory maximum for the offense. Waters v. State, 662 So. 2d 332 (Fla.1995).

Accord Robinson v. State, 850 So. 2d 658, 661 (Fla. 1st DCA 2003).

Following the revocation of his probation, appellant was sentenced to 10 years in prison followed by five years of probation for neglect of an elderly person, the statutory maximum for the offense which is a second-degree felony. §§ 775.082(3)(e) & 825.102(3)(b), Fla. Stat. (1997).

By not giving credit for the time appellant served on community control and probation prior to the revocation of his probation, the trial court illegally sentenced appellant to a term of incarceration, community control, and probation which exceeded the statutory maximum.

Accordingly, we remand with directions that appellant be given proper credit for the time that he previously served on community control and probation. In all other respects, we affirm the summary denial of appellant’s postconviction motion.

AFFIRMED in part; REVERSED in part; and REMANDED with directions.

ALLEN, WEBSTER, and PADOVANO, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Adams v. State, 207 So. 3d 252 (Fla. 5th DCA 2016)
    …e time previously served on probation total more than the statutory maximum for the underlying offense.’ ” Edwards v. State, 59 So. 3d 1177, 1177 (Fla. 5th DCA 2011) (quoting Waters v. State, 662 So. 2d 332, 333 (Fla.1995)); see also Chase v. State, 977 So. 2d 708, 709-10 (Fla. 1st DCA 2008) (“Upon revocation of probation following completion of community control, the court must credit time served on probation and community control to any newly imposed term of imprisonment and probation so that the total peri…
  • Young v. State, 15 So. 3d 819 (Fla. 3d DCA 2009)
    …vided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve. 948.06(3), Florida Statutes (1997); see also Chase v. State, 977 So. 2d 708, 709-10 (Fla. 1st DCA 2008). In this case, Young was sentenced for three first-degree felonies— attempted capital sexual batteries, each of which carried a sentence of thirty years’ incarceration. The sentences Young received upon probation revocati…

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