State v. Roundtree
| Decision Date | 23 November 1994 |
| Docket Number | No. 83,839,83,839 |
| Citation | 644 So.2d 1358 |
| Parties | 19 Fla. L. Weekly S627 STATE of Florida, Petitioner, v. Darrell ROUNDTREE, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal, Certified Great Public Importance, Fourth District, No. 93-1312, Palm Beach County.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender and Paul E. Petillo, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.
We have for review Roundtree v. State, 637 So.2d 325 (Fla. 4th DCA 1993), in which the district court certified the following question as being of great public importance:
MUST A TRIAL COURT, UPON REVOCATION OF PROBATION (AND/OR COMMUNITY CONTROL), CREDIT PREVIOUS TIME SERVED ON PROBATION (AND/OR COMMUNITY CONTROL) TOWARD A NEWLY IMPOSED PROBATIONARY TERM SO THAT THE TOTAL PROBATIONARY TERM
637 So.2d at 326. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
We recently answered a similar question in the affirmative in State v. Summers, 642 So.2d 742 (Fla.1994). Because the decision under review is in harmony with our decision in Summers, we approve it.
It is so ordered.
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Young v. State
...a particular offense. Specifically, Young relies on this Court's decisions in State v. Summers, 642 So.2d 742 (Fla.1994), State v. Roundtree, 644 So.2d 1358 (Fla.1994), and Waters v. State, 662 So.2d 332 (Fla.1995), to support his contention that his sentence should be reduced because it ex......
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Hernandez v. State, 2D03-3586.
...sentence of incarceration. See Young v. State, 697 So.2d 75, 76-77 (Fla.1997) (citing Summers, 642 So.2d at 744, and State v. Roundtree, 644 So.2d 1358, 1359 (Fla.1994)); Gardner v. State, 656 So.2d 933, 939 (Fla. 1st DCA 1995). Because the trial court credited Hernandez with time served in......
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Phillips v. State, 94-837
...community control as a result of Case No. 91-708. The holding of Summers has been extended to include community control. State v. Roundtree, 644 So.2d 1358 (Fla.1994). Both community control and probation together cannot exceed the statutory maximum. Roundtree, 644 So.2d at 1359; Straughan ......
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Dupree v. State
...TERM SO THAT THE TOTAL PROBATIONARY TERM SERVED AND TO BE SERVED DOES NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW? 644 So.2d 1358, 1358-59 (Fla.1994). The court indicated that the Fourth District's decision was "in harmony with our decision in Summers." Roundtree, 644 So.2d at 1359. Furt......