EDDIE JAMES
v.
STATE OF FLORIDA
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When an offender's probation is revoked and the offender is recommitted to the Department of Corrections under a split sentence, the court shall order credit only for time served in prison or jail, excluding any gain-time earned before release to supervision.
[1] Upon revocation of probation or community control and recommitment to the Department of Corrections under a split sentence, sentencing credit is limited to time actually…
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Join FLexlaw to unlock all legal intelligence“if an offender's probation or community control is revoked and the offender is serving a split sentence pursuant to s. 948.012, upon recommitment to the Department of Corrections, the court shall order credit for time served in state prison or county jail only, without considering any type of gain-time earned before release to supervision, or any type of sentence reduction granted to avoid prison overcrowding”
Statutory provision cited as basis for affirmance
Eddie James appealed a circuit court decision regarding sentencing credit calculation in Miami-Dade County. The appeal involved two lower tribunal cas…
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Third District Court of Appeal State of Florida
Opinion filed January 28, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1688 Lower Tribunal Nos. F12-31179, F12-31448 ________________
Eddie James, Appellant,
vs.
State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
Eddie James, in proper person.
James Uthmeier, Attorney General, for appellee.
Before FERNANDEZ, GORDO, and GOODEN, JJ.
PER CURIAM.
Affirmed. See § 921.0017, Fla. Stat. (2013) (“Effective for offenses committed on or after January 1, 1994, if an offender’s probation or
2
community control is revoked and the offender is serving a split sentence pursuant to s. 948.012, upon recommitment to the Department of Corrections, the court shall order credit for time served in state prison or county jail only, without considering any type of gain-time earned before release to supervision, or any type of sentence reduction granted to avoid prison overcrowding, including, but not limited to, any sentence reduction resulting from administrative gain-time, provisional credits, or control release.”) (emphasis added).