Singer v. State, 96-01764
| Decision Date | 20 September 1996 |
| Docket Number | No. 96-01764,96-01764 |
| Parties | 21 Fla. L. Weekly D2082 Marcus F. SINGER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Marcus Singer appeals the denial of his motion to correct an illegal sentence. We reject his contention that his sentences exceeded the statutory maximums and affirm the trial court's denial of relief on this ground. However, because Singer did not receive the proper credit under Tripp v. State, 622 So.2d 941 (Fla.1993), we reverse the denial on this claim.
Singer was convicted of driving under the influence in case 92-7013, a third-degree felony under section 316.193(2)(b), Florida Statutes (1991), and he received a probationary split sentence. During the probationary period, Singer was again convicted of driving under the influence in case 93-11450. For the violation of probation in case 92-7013, Singer was sentenced to two-and-a-half years in prison followed by two-and-a-half years' probation. At the same time, Singer received five years' probation in case 93-11450 to run consecutive to the sentence in case 92-7013. After he violated probation again, the trial court imposed two concurrent terms of four years in prison but awarded credit for prison time only in case 92-7013.
"[I]f a trial court imposes a term of probation on one offense consecutive to a sentence of incarceration on another offense, credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense." Tripp v. State, 622 So.2d 941, 942 (footnote omitted). Thus, Singer is entitled to credit on case 93-11450 for the prison time served on case 92-7013 after his first violation of probation. Accordingly, the trial court's order denying relief on this ground should be reversed and the case remanded for an award of proper credit under Tripp. In all other respects, the order denying relief is affirmed.
Affirmed in part, reversed in part and remanded.
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Haines v. State, 1D03-0814.
...of probation, all sentences were made concurrent. See Burnett v. State, 745 So.2d 1043, 1043-44 (Fla. 2d DCA 1999); Singer v. State, 679 So.2d 1274, 1275 (Fla. 2d DCA 1996); Campbell v. State, 631 So.2d 390, 390-91 (Fla. 1st DCA There is some indication in the record that appellant may have......
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Atkinson v. State, 1D03-1417.
...Tripp credit on such concurrent sentences. See Campbell v. State, 631 So.2d 390, 390-91 (Fla. 1st DCA 1994); Singer v. State, 679 So.2d 1274, 1275 (Fla.2d DCA 1996). Therefore, because the appellant was sentenced to concurrent 15 year terms of incarceration on counts two and three, the appe......