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967 So. 2d 962

Docket No. 1D07-1121.

Turner v. State

Anne TURNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 10, 2007.

District Court of Appeal of Florida · decided 2007-10-10

Cited by 3 later decisions — most recently October 2012

3 state decisions

Key passage — most relied on by later courts

“Rabedeau was originally convicted of three counts of lewd and lascivious conduct — all second degree felonies. For those convictions, he was ordered to serve three concurrent two-year terms of community control, followed by three concurrent thirteen year terms of probation. He subsequently violated his community control and was sentenced to three concurrent five year prison terms, followed by three concurrent nine year terms of probation. After Rabedeau completed his prison term, the State filed an affidavit alleging that he had violated several conditions of his probation. Rabedeau ultimately entered a guilty plea to the violation of probation charges. The trial court sentenced Ra-bedeau to three consecutive ten year prison terms. Rabedeau was given credit for the five years already served in prison as to only one of the three counts. Rabedeau subsequently filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b). He contended he was entitled to five years of prison term credit on each of the three counts. Bound by the Gisi decision, the trial court denied Rabe-deau’s motion.”

quoted by 1 later decision, including 2 So. 3d 191 - State v. Rabedeau

Relies on Pruitte v. State · Corpus v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-10

View the full empirical analysis of this case →

¶1Anne Turner, pro se, Appellant.

¶2Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

¶3*963 PER CURIAM.

¶4The appellant challenges the trial court's summary denial of her "Motion to Amend Sentence and Judgment to Include in Writing Oral Pronouncement of Previous Prison Credit Awarded" filed pursuant to Florida Rule of Criminal Procedure 3.800(a) in which she alleged that she is entitled to credit for time served in prison prior to her resentencing after a violation of probation. Because the appellant has stated a facially sufficient claim for relief that her sentence is illegal, we reverse.

¶5The appellant alleges that the trial court orally pronounced that she should receive prison credit, but that the prison credit award is not reflected in her written judgment and sentence. The trial court denied the appellant's motion, attaching the sentencing transcript to indicate that the Department of Corrections was directed to calculate and apply credit for time previously served. The trial court, however, did not attach the appellant's written judgment and sentence to establish that prison credit was actually awarded. Upon a violation of probation and resentencing, an accused is entitled to prison credit for all time served on the charge prior to resentencing. See Swain v. State,845 So.2d 314 (Fla. 2d DCA 2003)(remanding the denial of a rule 3.800(a) motion for the trial court to check the prison credit box so that the appellant would be awarded time served on the charges prior to resentencing); Corpus v. State,744 So.2d 594, 595 (Fla. 2d DCA 1999) (remanding to trial court to check the prison credit box on the sentencing form).

¶6We accordingly reverse and remand for the trial court to resentence the appellant and award prison credit for her time served prior to her violation of probation or to provide record attachments conclusively refuting the appellant's claim.

¶7REVERSED AND REMANDED.

¶8BROWNING, C.J., KAHN and ROBERTS, JJ., concur.

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