Jost v. State
631 So. 2d 1131 | Fla. Dist. Ct. App. | 1994
The state concedes that appellant’s sentence is illegal under our prior decisions
MUST A TRIAL COURT, UPON REVOCATION OF PROBATION, CREDIT PREVIOUS TIME SERVED ON PROBATION TO ANY NEWLY IMPOSED TERM OF COMMUNITY CONTROL AND PROBATION SO THAT THE TOTAL PERIOD OF COMMUNITY CONTROL AND PROBATION DOES NOT EXCEED THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?
Wardell v. State, 631 So.2d 1130 (Fla. 5th DCA 1994). The Summers opinion ably discusses the competing concerns. Since this matter is now before the supreme court, we follow our prior precedent, but also certify the above-quoted question to our supreme court.
Sentence VACATED; REMANDED for resentencing.
. Ogden v. State, 605 So.2d 155 (Fla. 5th DCA 1992); Kolovrat v. State, 574 So.2d 294 (Fla. 5th DCA 1991).