DENVER HUTCHINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that sentences exceeding the recommended guideline range require a written reason for departure, and credit for jail time served must be properly calculated and applied.
Appellant was found guilty of violating probation for second-degree grand theft and burglary of a dwelling. His sentences exceeded the recommended gui…
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PER CURIAM.
Appellant, Denver Hutchinson, challenges his sentences for second-degree grand theft and burglary of a dwelling entered after the trial court found him guilty of violating probation. We reverse.
Appellant correctly contends that his written sentences exceed the recommended range under the guidelines in effect at the time he was sentenced. Since the trial court did not provide a written reason for departure from the guidelines, we reverse appellant’s sentences and remand for resentencing. Hodges v. State, 460 So. 2d 555 (Fla. 2d DCA 1984). At that time the court may impose sentences within the guideline range, or it may deviate from the recommended range upon stating a valid reason for doing so. Hodges.
At resentencing, the court must give appellant credit for all jail time previously served as a part of the sentence. State v. Holmes, 360 So. 2d 380 (Fla.1978); Smith v. State, 463 So. 2d 494 (Fla. 2d DCA 1985). The record indicates that appellant has served approximately one and one-half years on the grand theft charge prior to violating his probation. Appellant additionally is entitled to credit for any time spent in the county jail before sentence, section 921.161, Florida Statutes (1983), and all time served on warrants charging violation of probation. Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984). Since we cannot tell how the trial court arrived at its conclusion to allow only 227 days of credit time, the court should specify the exact dates of appellant’s incarceration in order to provide an adequate record should further review be requested. Roesch.
Reversed and remanded with instructions.
RYDER, C.J., and DANAHY and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Butler v. State, 530 So. 2d 324 (Fla. 5th DCA 1988)…ntitled to credit only for the actual time spent in jail or prison. State v. Holmes, 360 So. 2d 380 (Fla.1978); Chaitman v. State, 495 So. 2d 1231 (Fla. 5th DCA 1986). See also Walker v. State, 506 So. 2d 78 (Fla. 1st DCA 1987); Hutchinson v. State, 467 So. 2d 788 (Fla. 2d DCA 1985). He is not entitled to credit for time spent on probation or community control, Holmes, and what he requests would produce that result. Appellant makes no contention that he was not given credit for his actual time in jail or pris…
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Walker v. State, 506 So. 2d 78 (Fla. 1st DCA 1987)…ee that section 921.161 applies solely to credit for time served in a county jail, Kronz v. State, 462 So. 2d 450 (Fla.1985), Walker is nonetheless entitled to credit for all time spent in jail pursuant to his original sentence. Hutchinson v. State, 467 So. 2d 788 (Fla. 2d DCA 1985); State v. Holmes, 360 So. 2d 380 (Fla.1978); State v. Jones, 327 So. 2d 18 (Fla.1976). Although the State argues that this Court, if it agrees with appellant, should vacate the sentence and remand the cause to the trial court fo…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984)
- Harlan Smith v. State, 463 So. 2d 494 (Fla. 2d DCA 1985)
- Hodges v. State, 460 So. 2d 555 (Fla. 2d DCA 1984)