Hutchinson v. State, s. 84-1151
| Citation | 467 So.2d 788,10 Fla. L. Weekly 1013 |
| Decision Date | 17 April 1985 |
| Docket Number | Nos. 84-1151,84-1247,s. 84-1151 |
| Parties | 10 Fla. L. Weekly 1013 Denver HUTCHINSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.
Appellant, Denver Hutchinson, challenges his sentences for second-degree grand theft and burglary of a dwelling entered after the trial court found him guilty of violating probation. We reverse.
Appellant correctly contends that his written sentences exceed the recommended range under the guidelines in effect at the time he was sentenced. Since the trial court did not provide a written reason for departure from the guidelines, we reverse appellant's sentences and remand for resentencing. Hodges v. State, 460 So.2d 555 (Fla. 2d DCA 1984). At that time the court may impose sentences within the guideline range, or it may deviate from the recommended range upon stating a valid reason for doing so. Hodges.
At resentencing, the court must give appellant credit for all jail time previously served as a part of the sentence. State v. Holmes, 360 So.2d 380 (Fla.1978); Smith v. State, 463 So.2d 494 (Fla. 2d DCA 1985) [10 FLW 346]. The record indicates that appellant has served approximately one and one-half years on the grand theft charge prior to violating his probation. Appellant additionally is entitled to credit for any time spent in the county jail before sentence, section 921.161, Florida Statutes (1983), and all time served on warrants charging violation of probation. Roesch v. State, 446 So.2d 269 (Fla. 2d DCA 1984). Since we cannot tell how the trial court arrived at its conclusion to allow only 227 days of credit time, the court should specify the exact dates of appellant's incarceration in order to provide an adequate record should further review be requested. Roesch.
Reversed and remanded with instructions.
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Butler v. State, 88-469
...Chaitman v. State, 495 So.2d 1231 (Fla. 5th DCA 1986). See also Walker v. State, 506 So.2d 78 (Fla. 1st DCA 1987); Hutchinson v. State, 467 So.2d 788 (Fla. 2d DCA 1985). He is not entitled to credit for time spent on probation or community control, Holmes, and what he requests would produce......
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Walker v. State, BM-343
...(Fla.1985), Walker is nonetheless entitled to credit for all time spent in jail pursuant to his original sentence. Hutchinson v. State, 467 So.2d 788 (Fla. 2d DCA 1985); State v. Holmes, 360 So.2d 380 (Fla.1978); State v. Jones, 327 So.2d 18 Although the State argues that this Court, if it ......