LAWRENCE GEORGE ROBINSON
v.
STATE OF FLORIDA
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The appellate court affirmed the trial court's determination that the appellant violated probation but reversed and remanded the case to correct the jail credit awarded to the appellant. The court found the probation violation was not based solely on hearsay, but agreed that the sentence should be amended to reflect the correct jail credit.
The appellate court affirmed the trial court's determination that Robinson violated probation. However, the court reversed and remanded the case because the amended judgment and sentence did not reflect the corrected jail credit of 104 days.
[1] A defendant is entitled to credit for all time spent in jail prior to sentencing in a violation of probation case, including time spent before the original sentencing and…
[2] An amended judgment and sentence must be corrected on remand to reflect the accurate award of jail credit for time served.
Previewing 2 of 2 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“We affirm as to the first issue, but reverse and remand as to the second.”
This quote establishes the court's dual ruling on the appellant's issues.
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Join FLexlaw to unlock all legal intelligenceLawrence George Robinson appealed a trial court's determination that he violated his probation. He also argued that his sentence should be corrected t…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D18-1910 _____________________________
LAWRENCE GEORGE ROBINSON,
Appellant,
v. STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Escambia County. John L. Miller, Judge.
July 29, 2019 PER CURIAM.
Lawrence George Robinson raises two issues on appeal: (a) whether the trial court’s determination that he violated probation was based solely on hearsay, and (b) whether his sentence should be corrected to reflect an award of 104 days jail credit. We affirm as to the first issue, but reverse and remand as to the second. As the State concedes, the amended judgment and sentence did not reflect the corrected jail credit of 104 days’ time served and should be corrected on remand. See McCool v. State, 211 So. 3d 304 (Fla. 1st DCA 2017) (explaining that a “defendant is entitled to an award of credit for all time spent in jail prior to sentencing in a violation of probation case, which includes all time spent in jail prior to original sentencing plus all time spent in jail
2
prior to any subsequent violation sentencings.”) (quoting Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999)).
REVERSED and REMANDED for resentencing.
MAKAR, WINOKUR, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Andy Thomas, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jenkins v. State, 749 So. 2d 527 (Fla. 1st DCA 1999)
- McCool v. State, 211 So. 3d 304 (Fla. 1st DCA 2017)