ROBERT CLAY RICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed revocation of probation and ten-year sentence for lewd assault on a minor, but remanded to credit appellant for time served in county jail under the split-sentence rule.
Upon revocation of probation, a trial court may impose any sentence originally available, but must credit the defendant for time served in jail under a split-sentence probation order.
[1] Upon revocation of probation, a trial court may impose any sentence which could have been imposed for the original offense, but must credit the defendant for time served…
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to lewd assault on a minor and received a split sentence: 72 days in county jail followed by probation. During probation, a v…
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PER CURIAM.
Appellant entered a plea of guilty for the offense of lewd assault on a minor, Section 800.04, Florida Statutes (1975).
Appellant was sentenced to two years imprisonment, but the court ordered that the remainder of the sentence should be suspended after appellant served seventy-two (72) days in county jail and appellant was then to be placed on probation for a period of two years. During the period of probation, an affidavit charging a violation of probation was filed. After a hearing on the violation, appellant’s probation was revoked. Appellant was sentenced to ten (10) years imprisonment for the original offense. The split sentence alternative was approved in State v. Jones, 327 So. 2d 18 (Fla.1976).
Therein, the court held that upon a violation of probation, the trial court is authorized to impose any sentence which might have been imposed originally. Further, the court held that a defendant must be given credit for the time spent in jail pursuant to the split sentence probation order under 921.161(1), Florida Statutes (1975).
Under State v. Jones, supra, upon revocation of appellant’s probation, the trial court could impose a sentence of ten (10) years. See Section 800.04, 775.082(3)(c), Florida Statutes (1975). However, the court was required to allow appellant credit for the time he served in county jail pursuant to the split sentence. Accordingly, the judgment is affirmed and the cause is remanded with directions to credit appellant with time previously served in jail. Appellant need not be present for this purpose.
MILLS, Acting C. J., and ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)…as thereafter incarcerated during his probation period. Appellant is entitled to credit on his sentence for the initial six months he served as a condition of his split sentence on probation. State v. Jones, 327 So. 2d 18 (Fla.1976); Rice v. State, 356 So. 2d 909 (Fla. 1st DCA 1978). Also appellant is entitled to all time he spent in the county jail on the burglary charges, all time served on warrants charging violation of probation and all time served in the county jail as a condition of probation. DeForest…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)