COREY SHANE BOWMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the trial court's revocation of probation in one case and held that placing probation in abeyance during incarceration in another case does not improperly extend the probationary term because probation is automatically tolled during incarceration.
When a defendant serving probation in one case is incarcerated in a separate case, the probationary sentence is automatically tolled, and declaring probation to be held in abeyance does not extend the probationary term.
[1] A probationary sentence is automatically tolled when a defendant is incarcerated in a separate case, and declaring probation to be held in abeyance during such incarcerat…
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Join FLexlaw to unlock all legal intelligenceBowman was on probation in case no. 09-4489 and was incarcerated in case no. 07-3234. The trial court revoked his probation in case no. 07-3234 and or…
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Corey Shane Bowman seeks review of the trial court’s order revoking his probation in case no. 07-3234 and ordering his probationary term in case no. 09-4489 to be held in abeyance pending the completion of his prison term in case no. 07-3234. Among other things, Bowman argues that the trial court improperly extended his probation in case no. 09-4489. We affirm the court’s finding that Bowman willfully and substantially violated his probation in case no. 07-3234 without further comment. We note that the court did not extend the term of Bowman’s probation in case no. 09-4489 by declaring that Bowman’s probation in that case would be held in abey-*535anee while he served his incarcerative term in case no. 07-8234. When a defendant who is serving probation in one case is incarcerated in a separate case, his probationary sentence is automatically “tolled.” Badger v. State, 23 So.3d 813, 816-17 (Fla. 2d DCA 2009); Jones v. State, 964 So.2d 167, 171 (Fla. 5th DCA 2007); Williams v. State, 773 So.2d 660, 660 (Fla. 5th DCA 2000); State v. Savage, 589 So.2d 1016, 1018 (Fla. 5th DCA 1991). Thus, the trial court was simply explaining the legal effect of its incarcerative sentence in case no. 07-3234 on the probationary sentence in case no. 09-4489.
Affirmed.
ALTENBERND and WALLACE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McKERNAN v. State, 139 So. 3d 948 (Fla. 4th DCA 2014)…can be corrected at any time. Carter v. State, 786 So. 2d 1173, 1178 (Fla.2001). Moreover, a probationary sentence once commenced automatically is tolled when a criminal defendant begins serving a prison sentence from another case. Bowman v. State, 86 So. 3d 534, 535 (Fla. 2d DCA 2012) (citations omitted). In addition, since appellant raised the same claim in McKernan v. State, 8 So. 3d 367 (Fla. 4th DCA 2009), the trial court’s order of summary denial must be affirmed based on collateral estoppel. Kittles…
Authorities Cited
- Brown v. Singletary, 589 So. 2d 1016 (Fla. 2d DCA 1991)
- Jones v. State, 964 So. 2d 167 (Fla. 5th DCA 2007)
- Badger v. State, 23 So. 3d 813 (Fla. 2d DCA 2009)
- Peterson v. W. Fla. Cmty. Care Ctr., 773 So. 2d 660 (Fla. 1st DCA 2000)