Public-domain · open source
OpenJurist

724 So. 2d 1274

Youmans v. State

District Court of Appeal of Florida

Decided February 12, 1999

District Court of Appeal of Florida · decided 1999-02-12

Relies on 622 So. 2d 941 - Tripp v. State

Decided 1999-02-12

DAUKSCH, J.

¶1This is an appeal from a sentence which violates the rule set out in Tripp v. State, 622 So.2d 941 (Fla.1993). Thus we must vacate the sentence and remand for a proper one. The question posed in Trippwas:

IF A TRIAL COURT IMPOSES A TERM OF PROBATION ON ONE OFFENSE CONSECUTIVE TO A SENTENCE OF INCARCERATION ON ANOTHER OFFENSE, CAN JAIL CREDIT FROM THE FIRST OFFENSE BE DENIED ON A SENTENCE IMPOSED AFTER A REVOCATION OF PROBATION THE SECOND OFFENSE?

¶2The supreme court said no, so we all must follow that dictate. In addition, it appears the sentencing seoresheet should be corrected regarding points for victim injury, and the sentence rendered accox-dingly.

¶3SENTENCE VACATED, REMANDED.

W. SHARP and THOMPSON, J., concur.
/724/so2d/1274 · .json · Public domain