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Roberts v. State

District Court of Appeal of Florida, Second District
Nov 12, 1997
702 So. 2d 239 (Fla. Dist. Ct. App. 1997)

Summary

holding that a defendant is not entitled to any credit for the original incarcerative portion of a true split sentence when the trial court imposes only the suspended portion of the sentence upon a violation of probation

Summary of this case from Morris v. State

Opinion

Case No. 97-03736

Opinion filed November 12, 1997

Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Hillsborough County; Cynthia A. Holloway, Judge.


Alton L. Roberts appeals the denial of his postconviction motion, which sought additional prison credit. In 1991, the trial court sentenced Mr. Roberts as a habitual offender. He received a true split sentence for robbery with a weapon. The circuit court case number for this offense is 86-4719, and it is unclear from our records whether the 1991 sentence was the first sentence for this offense or a sentence on violation of probation. The trial court sentenced him to 15 years' imprisonment, sus pended after 5 years, with the remaining 10 years to be served on probation. After serving 27 months in prison and receiving 33 months of additional gain time, Mr. Roberts was released from prison. Subsequently, Mr. Roberts violated probation, and the trial court sentenced him in 1994 to 10 years' incarceration. The trial court gave him 21 days of jail credit and, by checking the standard provision in the sentencing form, authorized the Department of Corrections to give him prison credit.

In his motion, Mr. Roberts claims that the Department has given him 27 months' credit for the time served on the 1991 sentence. He requests a full 5 years' credit against the 10-year sentence. The trial court properly denied this motion, ex plaining that it had imposed the remaining 10 years of a true split sentence. See Johnson v. State, 641 So.2d 970 (Fla. 2d DCA 1994) (describing two methods employed for imposing the remainder of a true split sentence). Although the trial court checked the provision for jail credit, Mr. Roberts never served any time or received any credit on this remaining 10-year period of incarceration resulting from resentencing on a true split sentence. Thus, if the Department has actually given him credit, it would appear that he has received too much prison credit, not too little.

Affirmed.

FRANK, A.C.J., and ALTENBERND and WHATLEY, JJ., Concur.


Summaries of

Roberts v. State

District Court of Appeal of Florida, Second District
Nov 12, 1997
702 So. 2d 239 (Fla. Dist. Ct. App. 1997)

holding that a defendant is not entitled to any credit for the original incarcerative portion of a true split sentence when the trial court imposes only the suspended portion of the sentence upon a violation of probation

Summary of this case from Morris v. State

affirming order denying motion for postconviction relief, seeking additional credit; where defendant received true split sentence of five years in prison followed by ten years of probation, he was not entitled to credit, against ten-year sentence imposed following probation violation, for time served or gain time awarded in connection with the five-year sentence

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

Roberts v. State

Case Details

Full title:ALTON L. ROBERTS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 12, 1997

Citations

702 So. 2d 239 (Fla. Dist. Ct. App. 1997)

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