PATRICK L. WALTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of credit for time served on community control toward a prison sentence, holding that the probation statute expressly prohibits such credit.
Time served on community control cannot be credited toward a prison sentence imposed following revocation because the probation statute expressly forbids crediting any time on probation or community control toward a subsequent prison sentence.
[1] Time served on community control or probation cannot be credited toward a prison sentence imposed following revocation, as prohibited by Florida Statute § 948.06(3).
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Join FLexlaw to unlock all legal intelligencePatrick Walton sought credit for 100 days served on community control toward his prison sentence following revocation.…
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PER CURIAM.
Patrick Walton appeals the denial of his rule 3.800(a) motion, which sought credit towards his prison sentence for 100 days that Walton served on community control. Walton’s motion cites cases that require time previously served on community control or probation to be considered when a court imposes a subsequent term of supervision for purposes of calculating the maximum term of supervision the defendant can be required to serve. See Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995).
However, the probation statute expressly forbids a trial court from crediting any of the time a defendant serves on probation or community control towards a prison sentence imposed following revocation. § 948.06(3), Fla. Stat. (providing: “No part of the time that a defendant is on probation or community control shall be considered as any part of the time that he or she shall be sentenced to serve”). See also State v. Cregan, 908 So. 2d 387 (Fla.2005) (holding that a defendant who violates community control cannot be given credit against a subsequent term of incarceration for the time spent on community control, including time spent in a drug rehabilitation facility as a condition of community control).
Affirmed.
WARNER, TAYLOR and MAY, JJ., concur.
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Citator
Cited By
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Sweitzer v. State, 46 So. 3d 1132 (Fla. 1st DCA 2010)…part of the time that the defendant is ... in community control shall be considered as any part of the time that he or she shall be sentenced to serve.”); see State v. Cregan, 908 So. 2d 387, 391 (Fla.2005); Young, 697 So. 2d at 77; Walton v. State, 989 So. 2d 729 (Fla. 4th DCA 2008). Therefore, it follows that a person who remains free while on pretrial release, despite some restrictions, is not entitled to credit this time towards his prison sentence. We do not address whether the trial court should have im…
Authorities Cited
- State v. Cregan, 908 So. 2d 387 (Fla. 2005)
- Kocher v. State, 651 So. 2d 1288 (Fla. 3d DCA 1995)