From Casetext: Smarter Legal Research

Bradley v. State

District Court of Appeal of Florida, Fifth District
Nov 20, 1998
721 So. 2d 775 (Fla. Dist. Ct. App. 1998)

Summary

holding that probationary supervision is tolled while an inmate is incarcerated on unrelated offenses in another jurisdiction

Summary of this case from Gonzalez v. State

Opinion

No. 98-0043.

November 20, 1998.

Appeal from the Circuit Court, Seminole County, C. Vernon Mize, J.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Senior Assistant Attorney General, Daytona Beach, for Appellee.


Ronald Bradley appeals his judgment and sentence entered by the trial court after he was adjudicated guilty of violating his community control. We affirm.

On September 18, 1995, Mr. Bradley was sentenced on his conviction for possession of cocaine to a term of one year community control followed by one year of probation. At the time of sentencing, Mr. Bradley was incarcerated on a separate, unrelated charge.

On October 8, 1997, Mr. Bradley was charged with violating the terms of his community control. At the adjudicatory hearing, defense counsel argued the trial court lacked jurisdiction to adjudicate Mr. Bradley in violation of his community control because the term of his state supervision had expired. Defense counsel maintained that, since Mr. Bradley received a sentence requiring a total of two years of state supervision, his sentence had expired on September 18, 1997, twenty days before he was charged with violating the terms of his community control.

The trial court rejected this argument noting that, although Mr. Bradley was sentenced on September 18, 1995, he was incarcerated from that date through May of 1997, and that the two-year term of his state supervision was tolled during the period of his incarceration. In so ruling, the trial court properly relied on State v. Savage, 589 So.2d 1016 (Fla. 5th DCA 1991), determining that Mr. Bradley was still under state supervision when he violated the terms of his community control. Finding no error in the court's ruling, we affirm. See also Porter v. State, 585 So.2d 399 (Fla. 1st DCA 1991), rev. denied, 599 So.2d 657 (Fla. 1992).

JUDGMENT and SENTENCE AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.


Summaries of

Bradley v. State

District Court of Appeal of Florida, Fifth District
Nov 20, 1998
721 So. 2d 775 (Fla. Dist. Ct. App. 1998)

holding that probationary supervision is tolled while an inmate is incarcerated on unrelated offenses in another jurisdiction

Summary of this case from Gonzalez v. State
Case details for

Bradley v. State

Case Details

Full title:Ronald BRADLEY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 20, 1998

Citations

721 So. 2d 775 (Fla. Dist. Ct. App. 1998)

Citing Cases

State v. Fiddemon

• State v. Savage , 589 So. 2d 1016, 1018 (Fla. 5th DCA 1991) (the defendant was sentenced on two cases to a…

Mixon v. State

AFFIRMED. See Porter v. State, 585 So.2d 399 (Fla. 1st DCA 1991); Ware v. State, 474 So.2d 332 (Fla. 1st DCA…