SHAWN MICHAEL SPROTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Sprott appeals his resentenced sentence after the court of appeal previously reversed his original 24-month prison sentence as excessive. The court holds that Sprott is entitled to credit for 26 days of prison time served under the original sentence against the probationary portion of his resentenced sentence.
Sprott is entitled to 26 days' credit against the probationary portion of his resentenced sentence. The court reversed and remanded with directions for the 26-day credit to be applied against the probation.
[1] A defendant is entitled to credit against a probationary sentence for time previously served in prison on a vacated sentence.
[2] A defendant is entitled to credit against a probationary sentence for time previously served in prison on a vacated sentence, even if the original sentence was erroneousl…
Previewing 2 of 4 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“a nonstate prison sanction would present a danger to society”
The original conclusory finding by the trial court that was insufficient to justify departure from the mandatory nonstate prison sanction requirement, leading to reversal of the original sentence
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn 2011, Sprott pleaded no contest to uttering a forged bill, possession of forged notes, attempted scheme to defraud, and possession of a forged driv…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Probationary Sentence cases and more on FLexlaw
Shawn Michael Sprott appeals the sentence pronounced on rehearing after remand in Sprott v. State, 99 So.3d 634 (Fla. 1st DCA 2012). When resentenced on re*401mand, he had already served 890 days of his original, erroneously imposed prison sentence. He argues that, in addition to the 364 days’ credit he received against jail time for time he had served on the original sentence, he is entitled to 26 days’ credit against the probationary portion of his current sentence.1 We reverse and remand with directions he receive 26 days’ credit against the probationary portion of the sentence pronounced on remand.
In 2011, after appellant entered a plea of no contest to count 1: uttering a forged bill, count 2: possession of forged notes, count 3: attempted scheme to defraud, and count 4: possession of a forged, stolen, or fictitious driver’s license, the trial court adjudicated him guilty on all four counts and sentenced him to 24 months in state prison. On direct appeal, however, we reversed the original sentence as excessive, on grounds a nonstate prison sentence was mandatory,2 because his criminal punishment code score sheet reflected only 20 points, and the record did not support the trial court’s conclusory finding that “a nonstate prison sanction would present a danger to society.” Sprott, 99 So.3d at 635.
The case is now before us on direct appeal from the resentencing on remand. Although, by the time the trial court re-sentenced appellant to 364 days in county jail (with 364 days’ credit) and two years’ probation, he had served 390 days in prison under the superseded sentence, he does not argue on this appeal that the entire probationary period was illegal. He contends only that he should receive credit for 26 (390-364) days of the prison sentence he served against the probationary period ordered on resentencing.
We accept the state’s concession that appellant’s argument that he is entitled to 26 days’ credit against the probationary period is preserved. On the merits, we agree with appellant that, under Golden v. State, 84 So.3d 396 (Fla. 1st DCA 2012), he is entitled to 26 days’ credit against his probationary sentence. See id. at 399 (“Golden is entitled to credit against the reinstated sentence [five years’ probation] for time served in prison on the sentences here vacated.”).
Reversed and remanded, with directions.
VAN NORTWICK and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Schreiner v. State, 191 So. 3d 557 (Fla. 1st DCA 2016)
Authorities Cited
- Sprott v. State, 99 So. 3d 634 (Fla. 1st DCA 2012)
- Golden v. State, 84 So. 3d 396 (Fla. 1st DCA 2012)
- Vontavious Ternard Lambert v. State, 84 So. 3d 396 (Fla. 5th DCA 2012)