FERNANDO QUINCUTTI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In 1983, the appellant was convicted of a third degree felony and sentenced to five years probation, subject to a condition of sixty days in jail. After serving four and one-half years, he violated the probation. Upon revocation, the trial judge sentenced him to one year of community control. The defendant’s sole point on this appeal is that the community control term should not have exceeded six months since, it is argued, it is impermissible to subject the defendant to the process of the court beyond the five year statutory limitation. We disagree because it is now established that, upon a violation of probation, the trial court may “impose any sentence it originally might have imposed, with credit for time served and subject to the guidelines recommendation.” Poore v. State, 531 So. 2d 161, 164 (Fla.1988); § 948.06(1), (2), Fla.Stat. (1987). Since it is agreed that the one year community control term was within the original recommended guidelines, no error was committed below.
Affirmed.
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Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)…t might have originally imposed. In Ramey, after serving 13 months on probation for a third degree felony, the defendant was convicted of a violation and sentenced to 5 years incarceration to be suspended after 1½ years. See also Quincutti v. State, 540 So. 2d 900 (Fla. 3d DCA 1989). Further, in Poore v. State, 531 So. 2d 161 (Fla.1988), the Florida Supreme Court discussed the five possible sentencing alternatives and held that when a defendant was sentenced to a probationary split sentence, a Villery sentenc…
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Straughan v. State, 636 So. 2d 845 (Fla. 5th DCA 1994)…1993); Moore v. State, 623 So. 2d 795 (Fla. 1st DCA 1993); Raulerson v. State, 620 So. 2d 265 (Fla. 5th DCA 1993); Kolovrat v. State, 574 So. 2d 294 (Fla. 5th DCA 1991); Servis v. State, 588 So. 2d 290 (Fla. 2d DCA 1991). Contra Quincutti v. State, 540 So. 2d 900 (Fla. 3d DCA 1989). Our courts have similarly ruled that, where a trial court, after having adjudicated a defendant guilty for violating his probation, either extends or modifies the terms of probation instead of revoking probation, the statutory m…1 / 2
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Mathis v. State, 649 So. 2d 279 (Fla. 3d DCA 1995)…ppropriate credit must be allowed in accordance with Summers. The sentencing orders are reversed and the cause remanded for further proceedings consistent herewith. . Defendant correctly points out that this court's decision in Quincutti v. State, 540 So. 2d 900 (Fla. 3d DCA 1989), does not survive Summers.…
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- Poore v. State, 531 So. 2d 161 (Fla. 1988)