Cook v. State
| Decision Date | 18 January 1994 |
| Docket Number | No. 92-54,92-54 |
| Citation | 635 So.2d 70 |
| Court | Florida District Court of Appeals |
| Parties | 19 Fla. L. Weekly D183 Paul R. COOK, Appellant, v. STATE of Florida, Appellee. |
Paul R. Cook was convicted in June 1989 of four offenses (grand theft, forgery, and three counts of passing worthless checks) in three separate cases. Sentence was withheld and he was placed on probation, three years for each offense, to run concurrently. In January 1990, he was convicted of four more offenses (credit card fraud, grand theft, and two counts of forgery) in two separate cases, and he admitted to violating the terms of his probation in the 1989 cases. He was sentenced to concurrent 4.5 year terms (the lower limit of the guidelines range) for the 1990 offenses. His probations on the 1989 offenses were revoked and he was placed on probation, three years for each offense, consecutive to the prison sentences.
Cook was released from prison in June 1991 and began serving his probation for the 1989 offenses. In November 1991, he was found to have violated the terms of his probation (he had been arrested in Alabama for writing a bad check, and in Tallahassee for battery of a police officer). His probations were revoked and he was sentenced to concurrent 3.5 year terms; the trial court denied his request that he be given credit for the 4.5 years he had served on the 1990 offenses. He appealed this denial of jail time credit.
In Cook v. State, 609 So.2d 175 (Fla. 1st DCA 1992), this Court affirmed the sentences, citing several opinions from sister courts, including State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991), review of which was at that time pending in the supreme court. In each of those cases, the defendant had been convicted of two offenses; using a single scoresheet, the trial court had imposed a term of incarceration for one offense, and had placed the defendant on probation for the second offense, consecutive to the incarcerative term. Each of the defendants was later sentenced to an incarcerative term on the second offense after violation of probation, and was found not to be entitled to credit for the time served on the first offense.
On June 24, 1993, the supreme court quashed this court's decision in Cook v. State, and remanded the case "for further proceedings consistent with Tripp v. State, 18 Fla.L. Weekly S166 (Fla. Mar. 25, 1993)." 1 In its revised opinion in Tripp v. State, 622 So.2d 941 (Fla.1993), the supreme court answered a certified question by holding that "if a trial court imposes a term of probation on one offense consecutive to a sentence of incarceration on another offense, credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense."
The supreme court noted that when Tripp had originally been sentenced, using a single scoresheet containing both offenses, the maximum incarcerative time he could receive under the guidelines was 4.5 years, and that under ordinary circumstances, when he violated probation, his sentence could not exceed the next highest permitted range, less credit for time served. It found that under the sentencing method sanctioned by the Second District Court of Appeal, Tripp's total sentence for the two offenses would be 8.5 years, "three years beyond the permitted range of a one-cell bump," and concluded that the sentencing method was "inconsistent with the intent of the sentencing guidelines." Id. at 942.
The court rejected the state's argument that Tripp had been convicted of two separate crimes and had received two separate sentences, and was therefore not entitled to credit for time served on one conviction after revocation of probation on the other conviction. It...
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Moore v. State
...for the second violation of probation. Surely the sentencing guidelines do not intend such a result." Id. (quoting Cook v. State, 635 So.2d 70, 71 (Fla. 1st DCA 1994)). The district court concluded that Tripp was not intended to apply in every situation in which probation for a second, sepa......
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Cook v. State
...Asst. Atty. Gen., and Wendy S. Morris, Asst. Atty. Gen., Tallahassee, for respondent. GRIMES, Chief Justice. We review Cook v. State, 635 So.2d 70 (Fla. 1st DCA 1994), in which the court certified a question of great public importance. We have jurisdiction pursuant to article V, section 3(b......
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Slater v. State
...time served in Case No. 89-13212 on the four-year prison terms in Case No. 89-18101. We agree with the First District in Cook v. State, 635 So.2d 70 (Fla. 1st DCA 1994), that "the supreme court did not intend its holding in Tripp to be applied in every case in which probation is imposed on ......