Lavrich v. State, 93-1364
| Decision Date | 23 March 1994 |
| Docket Number | No. 93-1364,93-1364 |
| Citation | 633 So.2d 1177 |
| Parties | 19 Fla. L. Weekly D669 Mark D. LAVRICH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.
Mark D. Lavrich appeals a three year sentence resulting from a violation of his community control. He contends he was not appropriately granted credit for time served. We agree, and reverse and remand for a determination of how much time Lavrich spent in custody on the charge of violating his community control, and thus, how much credit he was entitled to.
The confusion as to how much time Lavrich served on account of his arrest for the violation of community control and the underlying offenses, is as a result of Lavrich serving time in different county jails and the state prison, for various lengths of time, and for various different charges. First, on November 20, 1990, Lavrich was sentenced in Broward county to two years of community control followed by one year of probation as a result of a guilty plea to possession of cocaine and drug paraphernalia charges. This was the community control appellant violated resulting in this appeal. On March 31, 1991, Lavrich was arrested and charged with aggravated assault and battery in Brevard county, which was later reduced to simple battery. Lavrich claims he was sentenced to time served on these charges. On April 25, 1991, Judge Barry Goldstein of Broward County issued a warrant for Lavrich's violation of community control. The affidavit of violation of community control alleged, among other things, that Lavrich violated his community control by being arrested for the assault and battery. The record does not indicate when the warrant was served. On July 10, 1992, Lavrich was sentenced in St. Lucie County to seven years for strong-armed robbery, and is currently serving this sentence in the Madison County Correctional Institute. On February 16, 1993, Lavrich was transported to Broward County for a hearing on the violation of community control. On April 2, 1993, Lavrich was sentenced to three years on the violation, consecutive to any other sentence that he was serving. He received forty-eight days credit for time served which was from the date he was transported to Broward County, plus one day for the day he was arrested. However, Lavrich contends that he is entitled to credit for the time that he spent in custody from the date the warrant for violation of community control was issued.
We agree that Lavrich is entitled to credit on his sentence for all the time he spent in custody 1 on the charges of violating his community control, including the time he spent in jails of other counties. Gordon v. State, 379...
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