MARK MIZELLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's probation revocation sentence was illegal because it exceeded the statutory maximum when combined with prior jail time; the court must credit time previously served.
When a probation revocation sentence includes jail time, the trial court must credit the defendant for all time previously served in jail to ensure the total sentence does not exceed the statutory maximum for the underlying offense.
[1] When a trial court revokes probation and imposes a new sentence that includes probation, the court must credit the defendant for time previously served on probation and o…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If the trial court includes probation as part of a sentence upon revocation of probation, the trial court must give credit for any time previously served on probation if the new period of probation together with other sanctions (including jail and prison credit) and the time previously served on probation total more than the statutory maximum for the underlying offense.”
Bragg v. State, establishing the rule for crediting time served in probation revocation cases.
Appellant was sentenced upon revocation of probation for counts 122-200, and the combined probationary sentence and prior jail time exceeded the maxim…
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Appellant appeals the sentence entered upon his revocation of probation. Appellant argues that the trial court erred in imposing an illegal sentence because the probationary sentence imposed for counts 122-200, combined with previous time served in jail, exceeds the maximum statutory sentence for the underlying felony. The State concedes that Appellant is entitled to additional credit for time previously served in jail. State v. Rabedeau, 2 So.3d 191, 194 (Fla.2009) (“[I]f multiple convictions result in concurrent sentences, credit must be awarded for time served on each sentence in any resentencing for the multiple convictions.”); Bragg v. State, 644 So.2d 586, 587 (Fla. 1st DCA 1994) (“If the trial court includes probation as part of a sentence upon revocation of probation, the trial court must give credit for any time previously served on probation if the new period of probation together with other sanctions (including jail and prison credit) and the time previously served on probation total more than the statutory maxi*714mum for the underlying offense.”). We accordingly reverse the sentence and remand for the trial court to credit Appellant on counts 122-200 for time previously served in jail.
REVERSED and REMANDED.
DAVIS, BROWNING, and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)
- Bragg v. State, 644 So. 2d 586 (Fla. 1st DCA 1994)