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644 So. 2d 1358

Docket No. 83,839.

State v. Roundtree

STATE of Florida, Petitioner, v. Darrell ROUNDTREE, Respondent.

Supreme Court of Florida

Decided November 23, 1994.

Supreme Court of Florida · decided 1994-11-23

Cited by 25 later decisions — most recently December 2004 · most notably 662 So. 2d 332 - Waters v. State (1995), Young v. State (1997)

25 state decisions

Key passage — most relied on by later courts

“MUST A TRIAL COURT, UPON REVOCATION OF PROBATION FOLLOWING COMPLETION OF COMMUNITY CONTROL, CREDIT TIME PREVIOUSLY SERVED ON PROBATION AND COMMUNITY CONTROL TO ANY NEWLY IMPOSED TERM OF IMPRISONMENT AND PROBATION FOR THE SAME OFFENSE, SO THAT THE TOTAL PERIOD OF COMMUNITY CONTROL, PROBATION, AND IMPRISONMENT ALREADY SERVED AND TO BE SERVED DOES NOT EXCEED THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?”

quoted by 4 later decisions, including Dupree v. State, 662 So. 2d 332 - Waters v. State

“in harmony with our decision in Summers.”

quoted by 1 later decision, including Dupree v. State

Relies on 642 So. 2d 742 - Carder v. State · 637 So. 2d 325 - Roundtree v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-11-23

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for petitioner.

¶2Richard L. Jorandby, Public Defender and Paul E. Petillo, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.

¶3PER CURIAM.

¶4We have for review Roundtree v. State,637 So.2d 325 (Fla. 4th DCA 1993), in which the district court certified the following question as being of great public importance:

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 *1359 SERVED AND TO BE SERVED DOES NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?

¶5637 So.2d at 326. We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

¶6We recently answered a similar question in the affirmative in 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.

¶7It is so ordered.

¶8GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

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