HAL LEE LEWIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed a probation violation sentence because the trial court failed to credit time the defendant served in boot camp toward his prison sentence.
Defendants are entitled to prison credit for time served in boot camp when probation is revoked and a prison sentence is imposed.
[1] Defendants are entitled to prison credit for time served in boot camp when probation is revoked and a prison sentence is imposed on the violation.
Previewing 1 of 1 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“defendants are always entitled to prison credit for time previously served upon violating the probationary portion of a split sentence”
Court cited Atkinson v. State for the principle that boot camp time must be credited toward a prison sentence imposed upon probation revocation.
Lewis pleaded no contest to aggravated assault with a deadly weapon and received community control and probation. After probation revocation, he was s…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Credit cases and more on FLexlaw
PER CURIAM.
Appellant, Hal Lee Lewis, Jr., appeals the sentence imposed on his conviction of aggravated assault with a deadly weapon, arguing that the trial court failed to grant him credit for time he previously served in boot camp upon the revocation of his probation. We agree.
Following his no contest plea to the charge of aggravated assault with a deadly weapon, the trial court sentenced appellant to one year of community control followed by two years of probation. The trial court subsequently revoked appellant’s probation and sentenced him to twenty months in prison with a recommendation that he be placed in the Department of Corrections’ boot camp program. Appellant successfully completed boot camp, and the trial court modified his prison sentence by placing him on probation. The trial court later revoked appellant’s probation a second time and sentenced him to five years in prison with credit for 111 days served in county jail. As the State concedes, appellant should have been granted prison credit on the sentence imposed on his violation of probation for the time he spent in boot camp. See Atkinson v. State, 860 So. 2d 982, 984 (Fla. 1st DCA 2003) (stating that defendants are always entitled to prison credit for time previously served upon violating the probationary portion of a split sentence).
We, therefore, REVERSE appellant’s sentence and REMAND the cause for the trial court to grant appellant appropriate prison credit.
WOLF, C.J., BARFIELD and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…a county jail.”). I believe boot camp is the functional equiv [*641] alent of county jail, and the courts have consistently held that a defendant must be credited with the time he or she served in a boot camp prior to sentencing. See Lewis v. State, 894 So. 2d 1085 (Fla. 1st DCA 2005); Obando v. State, 867 So. 2d 645 (Fla. 3d DCA 2004); Griffin v. State, 838 So. 2d 1218 (Fla. 3d DCA 2003); Barger v. State, 744 So. 2d 1159 (Fla. 1st DCA 1999); Miller v. State, 731 So. 2d 866 (Fla. 1st DCA 1999). Moreover, the c…
Authorities Cited
- Atkinson v. State, 860 So. 2d 982 (Fla. 1st DCA 2003)