EDDIE ADAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must credit time previously served on probation when imposing a new split sentence after a probation violation, if the total time exceeds the statutory maximum.
[1] When a trial court imposes a new split sentence following a violation of probation, the court must give credit for any time previously served on probation if the new peri…
[2] Upon revocation of probation following completion of community control, the court must credit time served on probation and community control to any newly imposed term of…
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Join FLexlaw to unlock all legal intelligenceEddie Adams appealed the denial of his motion to correct an illegal sentence. He argued the trial court failed to credit him for time served on probat…
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Eddie Adams appeals the denial of his motion to correct illegal sentence. See Fla. R. Crim. P. 3.800(a). He argues the trial court erred by failing to credit him for time previously served on probation and community control when it imposed a new split sentence of prison and probation following a violation of probation. Adams asserts that the failure to give him credit resulted in a sentence exceeding the statutory maximum.1 The State properly concedes error.
As we have previously held, “[w]hen a trial court imposes a new split sentence following a violation of probation, the law requires that the court ‘give credit for any time previously served on probation if the new period of probation together with other sanctions (including jail and *253prison credit) and the time previously served on probation total more than the statutory maximum for the underlying offense.’ ” Edwards v. State, 59 So.3d 1177, 1177 (Fla. 5th DCA 2011) (quoting Waters v. State, 662 So.2d 332, 333 (Fla.1995)); see also Chase v. State, 977 So.2d 708, 709-10 (Fla. 1st DCA 2008) (“Upon revocation of probation following completion of community control, the court must credit time served on probation and community control to any newly imposed term of imprisonment and probation so that the total period of community control, probation, and imprisonment served and to be served does not exceed the statutory maximum for the offense.”).
Accordingly, we reverse the order of the trial court and remand with directions that Adams be given the credit necessary so that his new split sentence does not exceed the statutory maximum.
REVERSED and REMANDED.
PALMER, ORFINGER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jarred Rashad Burgess v. State (Fla. 5th DCA 2023)…ic amount of Burgess’s prior probation credit in these cases and to then enter amended judgments and sentences awarding Burgess this probation credit against his respective twenty-four-month terms of drug offender probation. See Adams v. State, 207 So. 3d 252, 253 (Fla. 5th DCA 2016). Lastly, as previously mentioned, this consolidated appeal includes a third case. Burgess is also appealing the revocation of his community control in circuit court case number 2021-CF-533 and the resulting judgment and…
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Jarred Rashad Burgess v. State (Fla. 5th DCA 2023)…ic amount of Burgess’s prior probation credit in these cases and to then enter amended judgments and sentences awarding Burgess this probation credit against his respective twenty-four-month terms of drug offender probation. See Adams v. State, 207 So. 3d 252, 253 (Fla. 5th DCA 2016). Lastly, as previously mentioned, this consolidated appeal includes a third case. Burgess is also appealing the revocation of his community control in circuit court case number 2021-CF-533 and the resulting judgment and…
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Jarred Rashad Burgess v. State (Fla. 5th DCA 2023)…ic amount of Burgess’s prior probation credit in these cases and to then enter amended judgments and sentences awarding Burgess this probation credit against his respective twenty-four-month terms of drug offender probation. See Adams v. State, 207 So. 3d 252, 253 (Fla. 5th DCA 2016). Lastly, as previously mentioned, this consolidated appeal includes a third case. Burgess is also appealing the revocation of his community control in circuit court case number 2021-CF-533 and the resulting judgment and…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Waters v. State, 662 So. 2d 332 (Fla. 1995)
- Edwards v. State, 59 So. 3d 1177 (Fla. 5th DCA 2011)
- Chase v. State, 977 So. 2d 708 (Fla. 1st DCA 2008)