Griffith v. State, 97-04236

Decision Date18 February 1998
Docket NumberNo. 97-04236,97-04236
Citation706 So.2d 902
Parties23 Fla. L. Weekly D529 Shawn R. GRIFFITH, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Appeal pursuant to Fla. R.App. P. 9.140(i) from the Circuit Court for Highlands County; Charles A. Davis, Jr., Judge.

PER CURIAM.

Shawn R. Griffith appeals the trial court's order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Griffith's motion sets forth only one ground for relief, which may have merit. We reverse and remand for further proceedings.

Griffith was sentenced on May 31, 1988, on a single guidelines sentencing scoresheet, to one year incarceration in case number 88-008, suspended, followed by consecutive terms of two years' community control in case number 88-017, and five years' probation in case number 88-047. Griffith claims that he was sentenced for a violation of community control in case number 88-017 on June 20, 1989, to 4 1/2 years' incarceration followed by five years' probation in case number 88-047. In his motion, Griffith asserts that at his July 16, 1991, sentencing for a violation of probation in case number 88-047 the trial court failed to properly credit him with prior prison time served. This is an issue which may be raised in a motion to correct illegal sentence. See Belcher v. State, 685 So.2d 1343 (Fla. 2d DCA 1996).

Relying upon Tripp v. State, 622 So.2d 941 (Fla.1993), Griffith contends that upon his sentencing for violation of probation in case number 88-047, he was entitled to credit for the 4 1/2 years previously served in case number 88-017. In Tripp, the supreme court held that the trial court's imposition of a term of probation on one offense, consecutive to a sentence of incarceration on another offense, entitles a defendant to credit for time served on the first offense on the sentence imposed following a revocation of probation on the second offense. See also Cook v. State, 645 So.2d 436 (Fla.1994). The trial court's order fails to refute Griffith's claim.

Accordingly, we reverse the order denying relief to Griffith. On remand, the trial court may again deny Griffith's claim by attaching portions of the record which refute it.

Reversed and remanded for further proceedings.

THREADGILL, A.C.J., and FULMER and GREEN, JJ., concur.

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5 cases
  • Layman v. State, 2D00-4728.
    • United States
    • Florida District Court of Appeals
    • February 21, 2001
    ...defendant may raise in a motion to correct illegal sentence. See Burnett v. State, 745 So.2d 1043 (Fla. 2d DCA 1999); Griffith v. State, 706 So.2d 902 (Fla. 2d DCA 1998). Here, Layman's sentence upon violation of probation does not grant him credit for time previously served in the DOC on t......
  • Staschak v. State, 98-03167
    • United States
    • Florida District Court of Appeals
    • October 9, 1998
    ...and others have determined that this is an appropriate issue to raise in a motion to correct illegal sentence. See Griffith v. State, 706 So.2d 902 (Fla. 2d DCA 1998). We reverse the order of the trial court and remand with directions to the trial court to evaluate Staschak's motion and ame......
  • Burnett v. State, 99-02468.
    • United States
    • Florida District Court of Appeals
    • October 27, 1999
    ...the time previously served on count one. This issue is properly raised in a motion to correct illegal sentence. See Griffith v. State, 706 So.2d 902 (Fla. 2d DCA 1998). The trial court denied Burnett relief, explaining that he only deserved prior prison credit on the count for which he had ......
  • Hopps v. State
    • United States
    • Florida District Court of Appeals
    • January 13, 1999
    ...previously served in case number 87-8057. This issue is properly raised in a motion to correct illegal sentence. See Griffith v. State, 706 So.2d 902 (Fla. 2d DCA 1998). The trial court denied relief based upon this court's decision in Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986), which......
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