EDWARD LEONARD COLTON
v.
STATE OF FLORIDA
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A defendant revoked on probation based on a new law violation is entitled to jail credit on the violation of probation sentence for time served from arrest on the new offenses to sentencing, even where sentences are concurrent.
[1] A defendant is entitled to credit for time served in jail from the date of arrest for new offenses if those offenses formed the basis for the revocation of probation.
[2] Awarding jail credit on a violation of probation sentence does not constitute improper pyramiding when the violation of probation sentence is imposed concurrently with th…
Previewing 2 of 3 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“Appellant is entitled to credit for time served in jail from the date of his arrest for the new offenses if the new offenses constituted the basis for the revocation of probation in the instant cases.”
Court citing Kendrigan v. State for the applicable rule on jail credit entitlement.
Colton was arrested on September 25, 2016 for a new law violation that served as the basis for revoking his probation, and he was sentenced on Decembe…
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instant cases.”); see also McCool v. State, 211 So. 3d 304, 305 (Fla. 1st DCA 2017).∗ AFFIRMED in part, REVERSED in part, and REMANDED. ROBERTS, ROWE, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Andy Thomas, Public Defender; Steven L. Seliger and Joel Arnold, Assistant Public Defenders, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.
∗ We disagree with the State that awarding additional jail credit on Appellant’s violation of probation sentence could result in improper pyramiding under the logic of Ransone v. State, 48 So. 3d 692, 694 (Fla. 2010). See Bagley v. State, 96 So. 3d 1119, 1121 (Fla. 5th DCA 2012) (Lawson, J., concurring specially) (recognizing under Ransone that the defendant was not entitled to additional jail credit on a violation of probation sentence that was imposed consecutively to a sentence on the new law violation that formed the basis for revocation of probation). Here, Appellant ultimately received concurrent sentences on the new law violation and violation of probation, rendering this case one of the exceptions discussed in Bagley. 96 So. 3d at 1121 (recognizing an exception to Ransone in cases where the trial court imposes the violation of probation sentence concurrently with the sentence on the new law violation).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Ransone v. State, 48 So. 3d 692 (Fla. 2010)
- Kendrigan v. State, 941 So. 2d 529 (Fla. 4th DCA 2006)
- McCool v. State, 211 So. 3d 304 (Fla. 1st DCA 2017)
- Tarique A. Bagley v. State, 96 So. 3d 1119 (Fla. 5th DCA 2012)