Quincutti v. State, 88-1858
| Decision Date | 28 March 1989 |
| Docket Number | No. 88-1858,88-1858 |
| Citation | 540 So.2d 900,14 Fla. L. Weekly 779 |
| Parties | 14 Fla. L. Weekly 779 Fernando QUINCUTTI, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Robert Burke, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Ivy R. Ginsberg, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.
In 1983, the appellant was convicted of a third degree felony and sentenced to five years probation, subject to a condition of sixty days in jail. After serving four and one-half years, he violated the probation. Upon revocation, the trial judge sentenced him to one year of community control. The defendant's sole point on this appeal is that the community control term should not have exceeded six months since, it is argued, it is impermissible to subject the defendant to the process of the court beyond the five year statutory limitation. We disagree because it is now established that, upon a violation of probation, the trial court may "impose any sentence it originally might have imposed, with credit for time served and subject to the guidelines recommendation." Poore v. State, 531 So.2d 161, 164 (Fla.1988); § 948.06(1), (2), Fla.Stat. (1987). Since it is agreed that the one year community control term was within the original recommended guidelines, no error was committed below.
Affirmed.
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Summers v. State
...to the supreme court that our decision is in conflict with Ramey v. State, 546 So.2d 1156 (Fla. 5th DCA 1989), and Quincutti v. State, 540 So.2d 900 (Fla. 3d DCA 1989). Although I agree that conflict exists, and that it should be resolved, I would resolve it by approving Smith. I, therefore......
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Ogden v. State, 92-19
...was convicted of a violation and sentenced to 5 years incarceration to be suspended after 1 1/2 years. See also Quincutti v. State, 540 So.2d 900 (Fla. 3d DCA 1989). Further, in Poore v. State, 531 So.2d 161 (Fla.1988), the Florida Supreme Court discussed the five possible sentencing altern......
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Straughan v. State, 93-817
...1993); Kolovrat v. State, 574 So.2d 294 (Fla. 5th DCA 1991); Servis v. State, 588 So.2d 290 (Fla. 2d DCA 1991). Contra Quincutti v. State, 540 So.2d 900 (Fla. 3d DCA 1989). Our courts have similarly ruled that, where a trial court, after having adjudicated a defendant guilty for violating h......
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Mathis v. State, s. 94-1529
...remanded for further proceedings consistent herewith. 1 Defendant correctly points out that this court's decision in Quincutti v. State, 540 So.2d 900 (Fla. 3d DCA 1989), does not survive ...