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685 So. 2d 1362

Docket No. 96-01578.

Smith v. State

Dustin W. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1996-07-10

Key passage — most relied on by later courts

“A prisoner sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison prior to the commencement of the probationary term.”

quoted by 1 later decision, including Medina v. State

Relies on 622 So. 2d 941 - Tripp v. State · 665 So. 2d 344 - Meader v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-10

How this case has been cited

Cited by 5 later decisions — most recently March 2018

5 state decisions

30199620002010decided

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.

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¶1*1363 PER CURIAM.

¶2Dustin Smith challenges the trial court's denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial court properly rejected his claim that he should be awarded credit toward his current prison sentence for time served on probation prior to its revocation which resulted in his current confinement. Meader v. State, 665 So.2d 344 (Fla. 4th DCA 1995). The court did not, however, rule on a subsidiary claim which we hold that Smith raised sufficiently, albeit inartfully, and we reverse for the trial court to address it.

¶3Initially Smith was sentenced to eighteen months in prison followed by three years' probation. When he violated his probation, the court imposed a term of 3 and 1½ years, and, according to his motion, failed to award any credit for time previously served. A prisoner sentenced to prison for violating probation which constitutes the second portion of a split sentence is entitled to credit for time actually served in prison prior to the commencement of the probationary term. Tripp v. State, 622 So.2d 941 (Fla.1993).

¶4We affirm the trial court's denial of his claim that he is entitled to credit for time spent on probation, and reverse for the trial court to evaluate his motion in light of Tripp.

¶5Affirmed in part, reversed in part, and remanded.

¶6PATTERSON, A.C.J., and FULMER and QUINCE, JJ., concur.

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