Roundtree v. State, 93-1312
| Decision Date | 25 May 1994 |
| Docket Number | No. 93-1312,93-1312 |
| Citation | 637 So.2d 325 |
| Parties | 19 Fla. L. Weekly D1170 Darrell ROUNDTREE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant's sentence is reversed and remanded for resentencing. The state acknowledges that Appellant is entitled to a credit for the time previously spent on probation because the total time on probation, by combining the probation time served prior to the violation with the subsequent probationary term, exceeds the statutory maximum. See Wardell v. State, 631 So.2d 1130 (Fla. 5th DCA 1994); Summers v. State, 625 So.2d 876 (Fla. 2d DCA 1993) (en banc); Giannandrea v. State, 621 So.2d 582 (Fla. 4th DCA 1993); Ogden v. State, 605 So.2d 155 (Fla. 5th DCA 1992). Additionally, we can discern no reason for not applying the same reasoning when combining time spent on community control with a subsequent probation. But see Williams v. State, 629 So.2d 174 (Fla. 2d DCA 1993).
We certify to the supreme court the issue previously certified in Summers and Wardell, as well as in other pending cases:
MUST A TRIAL COURT, UPON REVOCATION OF PROBATION (AND/OR COMMUNITY CONTROL), CREDIT PRIOR TIME SERVED ON PROBATION (AND/OR COMMUNITY CONTROL) TOWARD A NEWLY IMPOSED PROBATIONARY TERM SO THAT THE TOTAL PROBATIONARY TERM SERVED AND TO BE SERVED DOES NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?
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Gardner v. State, 92-1865
...as any part of the time that he shall be sentenced to serve," is not specifically referenced in section 958.14.4 Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA 1994). ...
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Jackson v. State, 94-1602
...does not exceed the statutory maximum for that offense." State v. Summers, 642 So.2d 742, 743 (Fla.1994); accord Roundtree v. State, 637 So.2d 325, 326 (Fla. 4th DCA), approved, 644 So.2d 1358 (Fla.1994). By failing to credit appellant with time served on probation from December 1992 throug......
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Eanes v. State
...WL 561849 (Fla. 1st DCA October 17, 1994), which the First District Court of Appeal certified as being in conflict with Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA), approved, 644 So.2d 1358 (Fla.1994); Jost v. State, 631 So.2d 1131 (Fla. 5th DCA 1994); and Straughan v. State, 636 So.2d......
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Eanes v. State, 93-4179
...should be treated the same for purposes of determining whether a sentence exceeds the maximum allowed by law. See Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA 1994), rev. granted, 649 So.2d 235; Jost v. State, 631 So.2d 1131 (Fla. 5th DCA 1994); Straughan v. State, 636 So.2d 845 (Fla. 5t......