ALTON L. ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alton Roberts appeals the denial of his postconviction motion seeking additional prison credit. The court affirmed the denial, holding that Roberts received appropriate credit under Florida law for a true split sentence and may have actually received excessive credit rather than insufficient credit.
The court held that the trial court properly denied the motion because Roberts never served any time or received any credit on the remaining 10-year period of incarceration resulting from the resentencing on the true split sentence, and any credit the Department gave would likely be excessive rather than insufficient.
[1] A trial court properly denies a motion for additional prison credit when the defendant has already received credit for time served on a true split sentence.
[2] A true split sentence involves a period of incarceration followed by a period of probation, with the remainder of the sentence to be served if probation is violated.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Establishes the court's reasoning that Roberts received adequate or excessive credit, not insufficient credit, making his motion meritless.
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Join FLexlaw to unlock all legal intelligenceIn 1991, Roberts was sentenced as a habitual offender for robbery with a weapon to a true split sentence of 15 years imprisonment, suspended after 5 y…
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PER CURIAM.
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 ease 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, suspended 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.
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Moore v. Stephens, 804 So. 2d 575 (Fla. 5th DCA 2002)…on this count in the Department of Corrections prior to sentencing.” The sentencing court erred in awarding Stephens 67 days original jail credit, 52 days additional jail credit and credit for “all time previously served.... ” See Roberts v. State, 702 So. 2d 239 (Fla. 2d DCA 1997). In Roberts, the second district succinctly described a case on all fours with the instant case, as follows: The trial court sentenced him to 15 years’ imprisonment, suspended after 5 years, with the remaining 10 years to be ser…
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Pressly v. Tadlock, 968 So. 2d 1057 (Fla. 2d DCA 2007)…T.O., 684 So. 2d 814, 816 (Fla.1996) (stating review limited to “whether the court that entered the order was without jurisdiction to do so or whether the order is void or illegal”). It further relied upon this court’s decision in Roberts v. State, 702 So. 2d 239 (Fla. 2d DCA 1997), which stated in dicta that the DOC was not required to give prior prison credit on a true split sentence that imposed the net time remaining on the suspended portion rather than the total time originally imposed. Id. at 239. Aft…
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Anderson v. State, 862 So. 2d 924 (Fla. 2d DCA 2003)…suant to that award of prior prison time served, the DOC applied against his sentence of five years a credit of 644 days of time previously served in prison. However, in November 1999, the DOC revoked the credit on the authority of Roberts v. State, 702 So. 2d 239 (Fla. 2d DCA 1997). On January 27, 2003, Anderson filed this motion seeking relief from the revocation of the prison credit and alleging timeliness due to newly discovered evidence. The trial court found that after September 1997 Anderson’s motion…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 641 So. 2d 970 (Fla. 2d DCA 1994)