Waters v. State, 94-104

• Decision Date: 24 February 1995
• Docket Number: No. 94-104,94-104
• Citation: 650 So.2d 232
• Parties: 20 Fla. L. Weekly D489 Jesse WATERS, Jr., Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 232

650 So.2d 232

20 Fla. L. Weekly D489

Jesse WATERS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 94-104.

District Court of Appeal of Florida,

First District.

Feb. 24, 1995.

An appeal from the Circuit Court for Bay County; Clinton E. Foster, Judge.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Thomas Crapps, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We affirm the judgment and sentence imposed following revocation of Appellant's probation. Eanes v. State, 648 So.2d 174 (Fla. 1st DCA 1994) (on motion for certification); Bragg v. State, 644 So.2d 586 (Fla. 1st DCA 1994). We certify the following as a question of great public importance:

MUST A TRIAL COURT, UPON REVOCATION OF PROBATION FOLLOWING COMPLETION OF COMMUNITY CONTROL, CREDIT TIME PREVIOUSLY SERVED ON PROBATION AND COMMUNITY CONTROL TO ANY NEWLY IMPOSED TERM OF IMPRISONMENT AND PROBATION FOR THE SAME OFFENSE, SO THAT THE TOTAL PERIOD OF COMMUNITY CONTROL, PROBATION, AND IMPRISONMENT ALREADY SERVED AND TO BE SERVED DOES NOT EXCEED THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?

AFFIRMED.

BARFIELD, MINER and MICKLE, JJ., concur.