ANTHONY J. THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed a probation violation sentence because the trial court failed to award credit for time served on both consecutive sentences, contrary to State v. Rabedeau.
A defendant sentenced to concurrent terms in multiple cases is entitled to credit for time served in each case upon resentencing for probation violation.
[1] A defendant originally sentenced to concurrent terms in multiple cases is entitled to credit for time served against each case when resentenced for probation violation, n…
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Join FLexlaw to unlock all legal intelligence“defendants who are sentenced to concurrent terms in multiple cases are entitled to credit for time served in each of the cases upon resentencing”
Florida Supreme Court's holding in State v. Rabedeau establishing the rule for credit for time served upon resentencing
Thompson was originally sentenced to concurrent terms on two counts, served time in prison, and then violated probation. Upon resentencing, the trial …
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Based upon the state’s concession of error, we reverse the sentence imposed after appellant’s violation of probation. In State v. Rabedeau, 2 So.3d 191 (Fla.2009), decided after the sentencing in this case, the supreme court disapproved the holding of Gisi v. State, 948 So.2d 816 (Fla. 2d DCA 2007), on which the trial court had relied in denying credit for time served on the second of two counts on which the court imposed consecutive sentences. The defendant in Rabedeau was originally sentenced to concurrent terms for several counts and served time in prison. After violating his probation, he was sentenced to consecutive terms but given credit for time served against only the first count. The supreme court held that “defendants who are sentenced to concurrent terms in multiple cases are entitled to credit for time served in each of the cases upon resentencing.” Rabedeau, 2 So.3d at 192.
In this case, just as in Rabedeau-, the defendant was originally sentenced to concurrent terms for two counts. Upon violation of probation, the trial court imposed consecutive terms for those two counts but gave credit for time served only on the first count. Consistent with Rabedeau, we reverse and remand for the trial court to award credit for time served against both of the consecutive sentences imposed on appellant.
Reversed and remanded to correct sentence.
WARNER, LEVINE, JJ„ and McCANN, JAMES W., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities 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)