Fettler v. State, 1D03-5446.
Citation | 885 So.2d 411 |
Decision Date | 15 October 2004 |
Docket Number | No. 1D03-5446.,1D03-5446. |
Parties | Jonathan FETTLER, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
William B. Richbourg, Esq., Pensacola, for Appellant.
Charlie Crist, Attorney General; Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Jonathan Fettler, appeals from the sentence imposed upon revocation of probation, arguing that the trial court should have credited him for the time he served prior to his entrance into the boot camp program pursuant to the statutes governing youthful offenders and the youthful offenders basic training program, sections 958.04 and 958.045, Florida Statutes. Because the plain language of the statutes supports appellant's arguments, we reverse and remand.
Upon being charged with several criminal counts, appellant initially entered a plea and was placed on probation with a thirty-six month suspended sentence for one count of attempted robbery without a firearm. After violating probation, going through drug court, and violating another term of probation, appellant's probation was revoked and he was sentenced to three years' imprisonment. The trial court then mitigated appellant's sentence and designated him as a youthful offender eligible for boot camp. Appellant successfully completed boot camp and was placed on probation for the remainder of his sentence. Appellant then violated the terms of his probation and entered a plea of nolo contendere. The trial court sentenced appellant to 364 days' imprisonment with credit for 185 days of time served. Appellant argued before the trial court that he was entitled to jail credit for all the time he had previously spent in prison, not merely the time he served in boot camp and while incarcerated awaiting sentencing in the instant case. This appeal followed.
It is well-established in the courts of Florida that when a youthful offender successfully completes boot camp, he may not be sentenced to more than 364 days of incarceration upon a violation of the subsequent period of probation. See, e.g., Mims v. State, 871 So.2d 1003, 1004 (Fla. 1st DCA 2004)
(citing §§ 958.04(2)(b), 958.045(5)(c), Florida Statutes (2003)); Blaxton v. State, 868 So.2d 620, 621 (Fla. 2d DCA 2004); Mason v. State, 864 So.2d 1225, 1227 (Fla. 1st DCA 2004); Thomas v. State, 825 So.2d 1032, 1034 (Fla. 1st DCA 2002); Bloodworth v. State, 769 So.2d 1117, 1118 (Fla. 2d DCA 2000).
Pendergrass v. State, 487 So.2d 35, 36 (Fla. 4th DCA 1986) (citing State v. Holmes, 360 So.2d 380, 383 (Fla.1978)). Interestingly, the State made an argument in Pendergrass similar to the one it makes here, arguing that the appellant's one-year sentence upon revocation of probation was "intended as a...
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...defendant who violated probation after completing boot camp could only be sentenced to 364 days in jail. See, e.g., Fettler v. State, 885 So.2d 411, 412 (Fla. 1st DCA 2004) ("It is well-established in the courts of Florida that when a youthful offender successfully completes boot camp, he m......
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...of probation, may impose any sentence which it could have originally imposed. See § 948.06(2)(b), Fla. Stat.; Fettler v. State, 885 So.2d 411 (Fla. 1st DCA 2004); Trent v. State, 770 So.2d 1272 (Fla. 4th DCA 2000); Mearns v. State, 779 So.2d 282 (Fla. 2d DCA 1998). See also State v. Brown, ......
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Davis v. State, 5D08-4371.
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