Palmer v. State
| Decision Date | 07 November 2001 |
| Docket Number | No. 4D00-4390.,4D00-4390. |
| Citation | 804 So.2d 455 |
| Parties | Gary PALMER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Gary Palmer, Okeechobee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Donna L. Eng, Assistant Attorney General, West Palm Beach, for appellee.
The defendant appeals the trial court's denial of credit for time served following a probation violation on his original sentence.
He was originally sentenced to five years of imprisonment for burglary with a battery consecutive with five years of probation for two counts of sexual battery causing serious injury. The trial court used one scoresheet and indicated that it was sentencing him as an habitual offender for the burglary. The defendant served his time on the first count and after release violated his probation on the remaining counts.
The trial court sentenced him to nine years in prison upon his violation. The defendant asked to receive credit for the five years served on the first count from the original sentence. The trial court denied his request.
In Tripp v. State, the defendant was originally sentenced to a term of imprisonment on one count followed by probation on another count. See 622 So.2d 941 (Fla. 1993). The defendant violated his probation, and the supreme court ruled that credit should be given for the time served on the first count against the sentence imposed for the probation violation on the second count. See id. The court stated "both offenses were factors that were weighed in the original sentencing through the use of a single scoresheet and must continue to be treated in relation to each other, even after a portion of the sentence has been violated." Tripp, 622 So.2d at 942.
We recognize that a few of our sister courts have expressed concern with the application of Tripp. See Priester v. State, 711 So.2d 177 (Fla. 3d DCA 1998) (); Ray v. State, 782 So.2d 468 (Fla. 2d DCA 2001) (). However, we apply Tripp as it currently exists.
Here, we find that Tripp applies to sentences where a portion of the sentence was pursuant to the habitual offender statute. Tripp holds that offenses which are originally sentenced together should continue to be treated in relation to...
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State v. Matthews
...guidelines scoresheet." On appeal, the Fourth District examined this Court's decision in Tripp, and referred to Palmer v. State, 804 So.2d 455 (Fla. 4th DCA 2001), in which it had previously held that the Tripp rationale applied even where the defendant was sentenced as a habitual felony of......
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Matthews v. State
...for the time served on the first count against the sentence imposed for the probation violation on the second count. In Palmer v. State, 804 So.2d 455 (Fla. 4th DCA 2001), we held that the Tripp rationale applies even where the defendant was sentenced as a habitual offender. The record refl......