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Bayshore v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1995
651 So. 2d 248 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2724.

March 8, 1995.

Appeal from the Circuit Court, Broward County, Paul L. Backman, J.

Thomas G. Bayshore, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.


In this appeal from a denial of his motion to correct an illegal sentence, appellant claims that the court erred in denying relief because Tripp v. State, 622 So.2d 941 (Fla. 1993), applies. That case held that where a trial court imposes a term of probation on an offense consecutive to a sentence of incarceration on another offense, when the probationer violates his probation, credit for time served on the first offense must be awarded on the sentence imposed after revocation. Here, appellant is in a similar position to the defendant in Tripp. He was sentenced to incarceration in 1990 for one charge and to probation on another, to be served consecutive to the incarceration. He was arrested on another charge while on probation. Based on a plea of guilty to the violation of probation, appellant was sentenced to nine years in prison with credit for jail time served on the violation of probation. No credit for his first incarceration was mentioned at the sentencing.

Under Tripp, appellant is entitled to credit for the time spent incarcerated on the first offense. Litvin v. State, 639 So.2d 71 (Fla. 4th DCA 1994); Jean v. State, 627 So.2d 592 (Fla. 2d DCA 1993). Therefore, we remand to the trial court to give credit in accordance with Tripp for the time served on the first offense.

Reversed and remanded.

GLICKSTEIN, STONE and WARNER, JJ., concur.


Summaries of

Bayshore v. State

District Court of Appeal of Florida, Fourth District
Mar 8, 1995
651 So. 2d 248 (Fla. Dist. Ct. App. 1995)
Case details for

Bayshore v. State

Case Details

Full title:THOMAS G. BAYSHORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 8, 1995

Citations

651 So. 2d 248 (Fla. Dist. Ct. App. 1995)

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Hodgdon v. State

We affirm. See Cook v. State, 645 So.2d 436 (Fla. 1994), Tripp v. State, 622 So.2d 941 (Fla. 1993), Bayshore…