LAVONIA DEWITT HUTCHINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's probation revocation and five-year sentence were proper, but the trial court must credit all jail time served, including time served as a probation condition, against the new sentence.
Upon probation revocation, the sentencing court may impose any sentence originally available, but must credit the defendant with all jail time previously served, including time served as a condition of probation.
[1] Upon revocation of probation, a sentencing court must credit the defendant with all time previously served in jail, including time served as a condition of the original p…
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Join FLexlaw to unlock all legal intelligenceHutchinson pleaded guilty to burglary and was sentenced to three years incarceration with three years suspended, followed by three years probation wit…
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PER CURIAM.
Appellant pleaded guilty to burglary and was sentenced under Section 948.01(4), Florida Statutes (1975) to three years incarceration, three years suspended, to be followed by three years probation with the special condition thereof that appellant spend four months in the county jail with credit for sixty-three (63) days jail time previously served. Within the probationary period, an affidavit for violation of probation was filed. The court found that appellant had violated his probation, and consequently sentenced appellant to five years imprisonment with credit for sixty-three (63) days previously served.
Upon the revocation of probation, the court was authorized to impose any sentence which might have been originally imposed. State v. Jones, 327 So. 2d 18 (Fla.1976). Accordingly, the sentence of five years imprisonment was proper. See Sections 810.02(3), 775.082(3)(d), Florida Statutes (1975). However, the court was required to credit appellant with all time previously served in jail, including that time served as a condition of probation. State v. Jones, supra; DeForest v. State, 356 So. 2d 52 (Fla. 1st D.C.A. 1978). Accordingly, the judgment is affirmed and the cause is remanded for proper sentencing. Appellant need not be present for this purpose.
McCORD, C. J., and MILLS and ERVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Segarra, 388 So. 2d 1017 (Fla. 1980)…OYD, J., concurs. . Segarra v. State, 360 So. 2d 79, 80 (Fla.3d DCA 1978). . See State v. Jones, 327 So. 2d 18 (Fla.1976); Scott v. State, 326 So. 2d 165 (Fla.), cert. denied, 429 U.S. 836, 97 S.Ct. 104, 50 L.Ed.2d 103 (1976); Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978). .This principle is implicit within section 948.-06(1), Florida Statutes (1977), which limits re-sentencing upon revocation of probation to any sentence which the trial court could originally impose. Accord, People v. Johnson, 4…
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Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)…and later violates his probation and is then sentenced to prison he is entitled to credit against his prison sentence for the time served in the county jail as a condition of probation. State v. Jones, 327 So. 2d 18 (Fla.1976); Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978). Perhaps the trial court gave appellant credit for actual jail time served on the sentence on the other separate and distinct conviction. Or perhaps in this case the trial court in effect gave appellant credit for the 51 weeks of…
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Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)…nt 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 v. State, 356 So. 2d 52 (Fla. 1st DCA 1978); Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978). Section 921.161(1), Florida Statutes (1979), provides as follows: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for ail of the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- DeFOREST v. State, 356 So. 2d 52 (Fla. 1st DCA 1978)