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Gordon v. State

District Court of Appeal of Florida, First District
Feb 14, 1980
379 So. 2d 1022 (Fla. Dist. Ct. App. 1980)

Summary

holding it was error not to give a defendant credit for time spent in jail where he was held on a charge that prompted revocation of his probation

Summary of this case from Louis v. State

Opinion

No. PP-398.

February 14, 1980.

Appeal from the Circuit Court, Okaloosa County, G. Robert Barron, J.

Michael J. Minerva, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., for appellee.


Appellant seeks review of the trial court's denial of his motion to correct sentence. We reverse.

On May 1, 1979, while on probation, appellant was jailed on a charge of burglary on which he was subsequently acquitted. On May 26, 1979, while appellant remained in jail on the burglary charge, an affidavit alleging a violation of probation on the basis of the burglary charge was served on appellant. Pursuant to that affidavit, the trial court held a probation revocation hearing on August 17, 1979, at the conclusion of which the court found appellant had violated his probation conditions. Thereupon, the trial court adjudicated appellant guilty of the original charge and sentenced him to five years in prison with credit time given only for 10 months which appellant earlier had spent in jail as a condition of his probation.

In his motion to correct sentence, appellant argued that the trial court had improperly failed to grant him credit for the time he spent in jail after his May 1 arrest on the subsequent burglary charge. We find that the trial court erred in not giving appellant credit for time served from May 1, 1979, to August 17, 1979, in that he was held during that entire time on the charge which prompted the revocation of his probation. § 921.161, Fla. Stat., and Voulo v. Wainwright, 290 So.2d 58 (Fla. 1974).

REVERSED and REMANDED for resentencing in light of this opinion.

MILLS, C.J., and BOOTH, J., concur.


Summaries of

Gordon v. State

District Court of Appeal of Florida, First District
Feb 14, 1980
379 So. 2d 1022 (Fla. Dist. Ct. App. 1980)

holding it was error not to give a defendant credit for time spent in jail where he was held on a charge that prompted revocation of his probation

Summary of this case from Louis v. State

holding it was error not to give a defendant credit for time spent in jail where he was held on a charge that prompted revocation of his probation

Summary of this case from Louis v. State

In Gordon, the sole basis for the defendant's violation of probation was a new offense for which the defendant had been acquitted by a jury.

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

Gordon v. State

Case Details

Full title:ROBERT EARL GORDON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Feb 14, 1980

Citations

379 So. 2d 1022 (Fla. Dist. Ct. App. 1980)

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