MICHAEL GISI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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This case is before the Court for review of the decision of the Second District Court of Appeal in Gisi v. State, 948 So.2d 816 (Fla. 2d DCA 2007). In its decision the district court ruled upon the following question, which the court certified to be of great public importance:
IS A DEFENDANT, ON RESEN-TENCING, ENTITLED TO CREDIT ON EACH NEWLY IMPOSED CONSECUTIVE SENTENCE FOR PRISON TIME ALREADY SERVED ON THE ORIGINAL CONCURRENT SENTENCES?
Id. at 820. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We have resolved this issue and answered the certified question in the affirmative in our review and approval of the decision in Rabedeau v. State, 971 So.2d 913 (Fla. 5th DCA 2007). See State v. Rabedeau, 2 So.3d 191 (Fla. 2009). Accordingly, for the reasons set out in Rabedeau, we answer the certified question in the affirmative, quash the decision under review and remand for further proceedings consistent herewith.
It is so ordered.
QUINCE, C.J., WELLS, PARIENTE, and LEWIS, JJ., and ANSTEAD, Senior Justice, concur.
CANADY, J., dissents.
POLSTON, J., did not participate.
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Steadman v. State, 23 So. 3d 811 (Fla. 2d DCA 2009)…[*812] VILLANTI, Judge. This case is on remand from the supreme court for reconsideration in light of its decisions in State v. Rabedeau, 2 So. 3d 191 (Fla.2009), and Gisi v. State, 4 So. 3d 613 (Fla.2009). Because we conclude that Rabedeau and Gisi are inapplicable to Eddie Lee Steadman’s case, we affirm. Steadman pleaded and was sentenced in two cases. In case number 06-009195, he was convicted of burglary of a conveyance, grand theft, t…
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Gisi v. State, 135 So. 3d 493 (Fla. 2d DCA 2014)…pellate history of this case is extensive. See Gisi v. State, 848 So. 2d 1278 (Fla. 2d DCA 2003); Gisi v. State, 909 So. 2d 531 (Fla. 2d DCA 2005) (Gisi I); Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007) (Gisi II) rev’d, per curiam, Gisi v. State, 4 So. 3d 613 (Fla.2009) (Gisi III). As a result of a successful petition alleging ineffective assistance of appellate counsel, Gisi was granted a second direct appeal in which we affirmed his convictions in part, reversed his convictions in part, reversed his se…
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Williams v. State, 124 So. 3d 286 (Fla. 2d DCA 2013)…; Canete v. Fla. Dep’t of Corrs., 967 So. 2d 412, 415-16 (Fla. 1st DCA 2007). Upon resentenc- [*288] ing de novo, prison credit must be applied to each consecutive sentence. State v. Rabedeau, 2 So. 3d 191, 193-94 (Fla.2009); see also Gisi v. State, 4 So. 3d 613 (Fla.2009); Steadman, 23 So. 3d at 812-13 (clarifying the distinction between jail credit and prison credit and noting that Rabedeau and Gisi concern prison credit only). The issue in the present case is whether, upon de novo resentencing when one o…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)
- Broom v. State, 948 So. 2d 816 (Fla. 1st DCA 2007)
- Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007)
- Duran v. Lapin, 971 So. 2d 913 (Fla. 3d DCA 2007)
- Rabedeau v. State, 971 So. 2d 913 (Fla. 5th DCA 2007)