RICHARD V. PRUITTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD V. PRUITTE, APPELLANT,
STATE OF FLORIDA, APPELLEE
845 So. 2d 314
Florida District Court of Appeal, Second District (2003)
Positive Treatment
Cited by 26 cases
Opinion of the Court
NORTHCUTT, Judge.
Richard V. Pruitte argues that his violent career criminal sentence is illegal under Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002), which held chapter 99-188, Laws of Florida, unconstitutional. However, his claim is facially insufficient because he has failed to allege how he was affected by the amendments to the violent career criminal statute contained within chapter 99-188. Therefore, we affirm without prejudice to any right Pruitte may have to file a facially sufficient rule 3.800(a) motion raising this claim.
Affirmed.
ALTENBERND, C.J., and KELLY, J., Concur.
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State v. Rabedeau, 2 So. 3d 191 (Fla. 2009)…trial court denied Rabe-deau’s motion. Rabedeau, 971 So. 2d at 914. The Fifth District, relying on the decisions and opinions in Singletary v. Slay, 688 So. 2d 319 (Fla.1997); Turner v. State, 967 So. 2d 962 (Fla. 1st DCA 2007); and Swain v. State, 845 So. 2d 314 (Fla. 2d DCA 2003), reversed the trial court’s decision and held that Rabedeau was entitled to credit for time served on his concurrent sentences in each of the three cases for which consecutive sentences were subsequently imposed after he violated…
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Jacoby v. State, 215 So. 3d 168 (Fla. 2d DCA 2017)…izes that if Jacoby had been sentenced upon revocation of his probationary split sentence to a new prison sentence that he would have been entitled to credit for prison time previously served. See, e.g., McCall, 88 So. 3d at 1015-16; Swain v. State, 845 So. 2d 314, 315 (Fla. 2d DCA 2003). The State contends that Jaco-by is not entitled to credit for prison time previously served toward his new probationary term of five years for a third-degree felony. Based on this court’s opinion in Hernandez v. State, 889…
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NIX v. State, 941 So. 2d 568 (Fla. 1st DCA 2006)…ime he spent in prison prior to his resen-tencing after his violation of probation. Upon a violation of probation and resen-tencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing. See Swain v. State, 845 So. 2d 314 (Fla. 2nd DCA 2003)(re-manding the denial of a rule 3.800(a) motion for the trial court to check the prison credit box so that the appellant would be awarded time served on the charges prior to resentencing); Corpus v. State, 744 So. 2d 594, 595 (Fl…
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- Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA 2002)