State v. Wardell

Supreme Court of Florida

Decided September 22, 1994

Supreme Court of Florida · decided 1994-09-22

Key passage — most relied on by later courts

“"Must a trial court, upon revocation of probation (and/or community control), credit previous time served on probation (and/or community control) toward a newly imposed probationary term so that the total probationary term served and to be served does not exceed the maximum sentence allowed by law?"”

quoted by 1 later decision, including 656 So. 2d 933 - Gardner v. State

Relies on 642 So. 2d 742 - Carder v. State · 631 So. 2d 1130 - Wardell v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-09-22

How this case has been cited

Cited by 25 later decisions — most recently June 2016 · most notably 658 So. 2d 86 - State v. Upton (1995), Allen v. State (1999)

25 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

KOGAN, Justice.

¶1We have for review Wardell v. State, 631 So.2d 1130, 1131 (Fla. 5th DCA 1994), in which the district court certified the following question as being of great public importance:

MUST A TRIAL COURT, UPON REVOCATION OF PROBATION, CREDIT PREVIOUS TIME SERVED ON PROBATION TOWARD ANY NEWLY-IMPOSED TERM OF PROBATION SO THAT THE TOTAL PROBATIONARY TERM IS SUBJECT TO THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?

¶2We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

¶3We have answered the same question in the affirmative State v. Summers, 642 So.2d 742 (Fla.1994). Because the decision under review is in harmony with our decision in Summers, we approve it.

¶4It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, HARDING and WELLS, JJ., concur.