Green v. State, 93-2154
| Decision Date | 06 May 1994 |
| Docket Number | No. 93-2154,93-2154 |
| Citation | 636 So.2d 830 |
| Parties | 19 Fla. L. Weekly D1007 Benjamin GREEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellee.
The issue in this case is whether, following the revocation of a probationary portion of a split sentence, the sentencing court may properly delegate to the Department of Corrections the ministerial duty of calculating that portion of the previously awarded gain time forfeited pursuant to section 944.28(1) and 948.06(6), Florida Statutes (1993).
In the case before us the trial judge determined that Green should be given prison credit as follows:
Defendant is allowed credit for 156 days county jail credit served between date of arrest as a violator and date of resentencing. The Department of Corrections shall apply original jail credit awarded and shall compute and apply credit for time served and unforfeited gain time awarded during prior [prison] service.
In effect, therefore, the trial court made the appropriate determination that the defendant should be given credit for time spent in the county jail awaiting the trial and resentencing for his violation as well as the time spent in the county jail before the trial and sentence for the original offense which was credited at the time of the original sentence. The court delegated to the Department the duty of determining the credit given on the original sentence from its files. Further, the court determined that the defendant should be given credit for all unforfeited gain time previously earned during his original period of incarceration. The court recognized that under section 944.28(1), it is the Department that determines whether earned gain time is to be forfeited. The court, therefore, directed the Department to determine whether there remained any unforfeited gain time and, if so, to credit it against the defendant's sentence.
The trial court committed no error in delegating to the Department the task of looking up the appropriate numbers to apply to the awarded jail credit. Nor did it commit error in directing the Department to credit against the new sentence any gain time that it found unforfeited. The judgment is consistent with section 944.28(1); it is consistent with section 948.06(6); it is consistent with the statewide sentencing form (Florida Rules of Criminal Procedure 3.986); and it is consistent with section 921.0017 (...
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Phillips v. State, 94-837
...to determine the amount of gain time previously served. See Wilson v. State, 639 So.2d 1019 (Fla. 5th DCA 1994); Green v. State, 636 So.2d 830 (Fla. 5th DCA 1994); Wilson v. State, 603 So.2d 93 (Fla. 5th DCA 1992). However, this court in both Wilson (1992) and Green recognized that although......
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...credited. See Bacon v. State, 647 So.2d 332 (Fla. 5th DCA 1994); Jenkins v. State, 642 So.2d 1187 (Fla. 1st DCA 1994); Green v. State, 636 So.2d 830 (Fla. 5th DCA 1994). Concerning defendant's claim that he is entitled to credit for his entire seventeen-year jail term of his original senten......
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...941, 942 n. 2 (Fla.1993); State v. Green, 547 So.2d 925 (Fla.1989); Bacon v. State, 647 So.2d 332 (Fla. 5th DCA 1994); Green v. State, 636 So.2d 830 (Fla. 5th DCA 1994). Although we have not been provided with a copy of the pertinent page of appellant's sentence, it is undisputed that the d......
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Posey v. Kaplan, 95-0565
...he is due. Nevertheless, Petitioner is entitled to consideration of this issue by the trial court. We have considered Green v. State, 636 So.2d 830 (Fla. 5th DCA 1994), Walker v. State, 619 So.2d 518 (Fla. 1st DCA 1993), and Harvey v. State, 616 So.2d 521 (Fla. 2d DCA 1993), relied on by Re......