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536 So. 2d 262

Docket No. 87-461.

Miles v. State

James MILES a/K/a Errol Brown, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 8, 1988.

Rehearing Denied February 7, 1989.

District Court of Appeal of Florida · decided 1988-11-08

Cited by 11 later decisions — most recently September 1997

11 state decisions

Key passage — most relied on by later courts

“the maximum sentence a court may impose after revocation of a youthful-offender's probation or community control is the six-year limitation period of the statute,”

quoted by 1 later decision, including Hall v. State

Relies on 528 So. 2d 101 - Watson v. State · 492 So. 2d 822 - Brown v. State · Buckle v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-11-08

View the full empirical analysis of this case →

¶1*263 Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Richard L. Kaplan, Asst. Atty. Gen., for appellee.

¶3Before NESBITT and FERGUSON, JJ., and VANN, HAROLD R., Associate Judge.

¶4PER CURIAM.

¶5We align ourselves with the second district, Buckle v. State, 528 So.2d 1285 (Fla. 2d DCA 1988); Brown v. State, 492 So.2d 822 (Fla. 2d DCA 1986), and the first district, Watson v. State, 528 So.2d 101 (Fla. 1st DCA 1988); Reams v. State, 528 So.2d 558 (Fla. 1st DCA 1988), in holding that the maximum sentence a court may impose after revocation of a youthful-offender's probation or community control is the six-year limitation period of the statute. § 958.14, Fla. Stat. (1987).

¶6On a second point we hold that, upon revocation of the release to community control, a defendant is entitled to credit for all the time served in incarceration prior to the revocation. Richards v. State, 521 So.2d 292, 293 (Fla. 1st DCA 1988); Pendergrass v. State, 487 So.2d 35, 36 (Fla. 4th DCA 1986).

¶7Reversed and remanded for resentencing in accordance with these holdings.

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