Ivey v. State
| Decision Date | 11 February 1976 |
| Docket Number | No. 47249,47249 |
| Citation | 327 So.2d 219 |
| Parties | Warren Allison IVEY, Jr., Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Jack O. Johnson, Public Defender, and Steven H. Denman and Harold H. Moore, Asst. Public Defenders, for petitioner.
Robert L. Shevin, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., for respondent.
This cause is before us on petition for writ of certiorari to review a decision of the Second District Court of Appeal reported at 308 So.2d 565 (Fla.App.2nd, 1975). In it the District Court considered whether six months' time petitioner had spent in county jail as a special condition of a two-year probationary sentence should be credited to a jail sentence later imposed by the trial court following revocation of that probation. The probation was revoked for a violation of its terms, and a three-year jail sentence imposed. The District Court held Section 948.06(2), Florida Statutes (1973), to be controlling, and refused to credit the six months' county jail time toward petitioner's newly imposed jail sentence.
The District Court decision is in conflict with our recent decision in State v. Jones, 327 So.2d 18 (Fla.1976). 1
The petition for writ of certiorari is granted. We dispense with oral argument. So much of the decision of the District Court that denies crediting the county jail time is quashed, and the cause is remanded with directions to credit petitioner with the time he served in the county jail as a special condition to the initial probation sentence. State v. Jones, supra; see North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). In all other respects the decision is affirmed.
It is so ordered.
1 We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. (1972).
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Robinson v. State, 4D02-3005.
...in jail after sentencing on the original charges. Appellant is entitled to such credit. See § 921.161(1), Fla. Stat. (2000); Ivey v. State, 327 So.2d 219 (Fla.1976); Whitehead v. State, 677 So.2d 40 (Fla. 4th DCA 1996); Sharp v. State, 303 So.2d 56 (Fla. 4th DCA 1974). We note that the tran......
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Leicht v. State, 95-01670
...willfully violated the terms of his community control. Ivey v. State, 308 So.2d 565 (Fla. 2d DCA 1975), quashed on other grounds, 327 So.2d 219 (Fla.1976). Accordingly, we affirm the revocation of community We must reverse Mr. Leicht's sentence because it was imposed pursuant to a guideline......
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Smith v. State, 75-1304.
...must be given credit for any time spent in jail as a condition of the probation. State v. Jones (Fla. 1976), 327 So.2d 18; Ivey v. State (Fla. 1976), 327 So.2d 219. Accordingly, the sentence imposed upon the defendant is set aside and the cause is remanded to the trial court for imposition ......
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Carpenter v. State, 75-1655
...supra. However, as the state concedes, appellant was entitled to credit for the time served as a condition of probation. Ivey v. State, Fla.1976, 327 So.2d 219. We also note that pursuant to § 921.161, Fla.Stat. (1973), the credit should be for a specified period of Accordingly, the revocat......