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721 So. 2d 775

Docket No. 98-0043.

Bradley v. State

Ronald BRADLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 20, 1998.

District Court of Appeal of Florida · decided 1998-11-20

Relies on The Florida Bar v. Ward · 589 So. 2d 1016 - State v. Savage · 585 So. 2d 399 - Porter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-11-20

How this case has been cited

Cited by 6 later decisions — most recently November 2012

6 state decisions

40199820002010decided

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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¶1James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Steven J. Guardiano, Senior Assistant Attorney General, Daytona Beach, for Appellee.

¶3ANTOON, J.

¶4Ronald Bradley appeals his judgment and sentence entered by the trial court after he was adjudicated guilty of violating his community control. We affirm.

¶5On September 18, 1995, Mr. Bradley was sentenced on his conviction for possession of cocaine[1] to a term of one year community control followed by one year of probation.

¶6*776 At the time of sentencing, Mr. Bradley was incarcerated on a separate, unrelated charge.

¶7On October 8, 1997, Mr. Bradley was charged with violating the terms of his community control. At the adjudicatory hearing, defense counsel argued the trial court lacked jurisdiction to adjudicate Mr. Bradley in violation of his community control because the term of his state supervision had expired. Defense counsel maintained that, since Mr. Bradley received a sentence requiring a total of two years of state supervision, his sentence had expired on September 18, 1997, twenty days before he was charged with violating the terms of his community control.

¶8The trial court rejected this argument noting that, although Mr. Bradley was sentenced on September 18, 1995, he was incarcerated from that date through May of 1997, and that the two-year term of his state supervision was tolled during the period of his incarceration. In so ruling, the trial court properly relied on State v. Savage,589 So.2d 1016 (Fla. 5th DCA 1991), determining that Mr. Bradley was still under state supervision when he violated the terms of his community control. Finding no error in the court's ruling, we affirm. See also Porter v. State,585 So.2d 399 (Fla. 1st DCA 1991), rev. denied,599 So.2d 657 (Fla.1992).

¶9JUDGMENT and SENTENCE AFFIRMED.

¶10DAUKSCH and GOSHORN, JJ., concur.

NOTES

¶11[1] § 893.13(6)(a), Fla. Stat. (1993).

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