Gisi v. State

Decision Date29 January 2009
Docket NumberNo. SC07-319.,SC07-319.
Citation4 So.3d 613
PartiesMichael GISI, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Michael Gisi, pro se, Bushnell, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Robert J. Krauss, Bureau Chief, and Richard M. Fishkin, Assistant Attorneys General, Tampa, FL, for Respondent.

PER CURIAM.

This case is before the Court for review of the decision of the Second District Court of Appeal in Gisi v. State, 948 So.2d 816 (Fla. 2d DCA 2007). In its decision the district court ruled upon the following question, which the court certified to be of great public importance:

IS A DEFENDANT, ON RESENTENCING, ENTITLED TO CREDIT ON EACH NEWLY IMPOSED CONSECUTIVE SENTENCE FOR PRISON TIME ALREADY SERVED ON THE ORIGINAL CONCURRENT SENTENCES?

Id. at 820. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We have resolved this issue and answered the certified question in the affirmative in our review and approval of the decision in Rabedeau v. State, 971 So.2d 913 (Fla. 5th DCA 2007). See State v. Rabedeau, 2 So.3d 191 (Fla. 2009). Accordingly, for the reasons set out in Rabedeau, we answer the certified question in the affirmative, quash the decision under review and remand for further proceedings consistent herewith.

It is so ordered.

QUINCE, C.J., WELLS, PARIENTE, and LEWIS, JJ., and ANSTEAD, Senior Justice, concur.

CANADY, J., dissents.

POLSTON, J., did not participate.

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11 cases
  • Wheeler v. State
    • United States
    • Florida Supreme Court
    • January 29, 2009
  • Steadman v. State
    • United States
    • Florida District Court of Appeals
    • December 2, 2009
    ...remand from the supreme court for reconsideration in light of its decisions in State v. Rabedeau, 2 So.3d 191 (Fla.2009), and Gisi v. State, 4 So.3d 613 (Fla.2009). Because we conclude that Rabedeau and Gisi are inapplicable to Eddie Lee Steadman's case, we Steadman pleaded and was sentence......
  • Gisi v. State
    • United States
    • Florida District Court of Appeals
    • March 26, 2014
    ...909 So.2d 531 (Fla. 2d DCA 2005)( Gisi I );Gisi v. State, 948 So.2d 816 (Fla. 2d DCA 2007)( Gisi II )rev'd per curiam, Gisi v. State, 4 So.3d 613 (Fla.2009)( Gisi III ). As a result of a successful petition alleging ineffective assistance of appellate counsel, Gisi was granted a second dire......
  • Williams v. State
    • United States
    • Florida District Court of Appeals
    • September 18, 2013
    ...novo, prison credit must be applied to each consecutive sentence. State v. Rabedeau, 2 So.3d 191, 193–94 (Fla.2009); see also Gisi v. State, 4 So.3d 613 (Fla.2009); Steadman, 23 So.3d at 812–13 (clarifying the distinction between jail credit and prison credit and noting that Rabedeau and Gi......
  • Request a trial to view additional results

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