Florida District Courts of Appeal, 1997

Cougles v. State

Cougles v. State
Florida District Courts of Appeal · Decided February 12, 1997 · Farmer, Gross, Stevenson
689 So. 2d 1121; 1997 Fla. App. LEXIS 1469; 1997 WL 121105 (Southern Reporter, Second Series)

Cougles v. State

070rehearing

ON MOTION FOR REHEARING

PER CURIAM.

We affirm the appellant’s judgment of conviction and sentence. However, since the fourth issue on appeal raises the same legal question which this court certified to the *1122supreme court in Young v. State, 678 So.2d 427 (Pla. 4th DCA 1996), review granted, 687 So.2d 1308 (Fla. 1997), we certify the same question here.

IS A DEPENDANT ENTITLED TO CREDIT POR TIME SPENT ON PROBATION/COMMUNITY CONTROL WHEN A NEW SENTENCE OF INCARCERATION IS IMPOSED FOR VIOLATION OF THE PROBATIONARY PORTION OF A SPLIT SENTENCE AND THE NEW PERIOD OF INCARCERATION, WHEN COMBINED WITH THE PROBATION/COMMUNITY CONTROL PREVIOUSLY SERVED, EXCEEDS THE STATUTORY MAXIMUM FOR THE CRIME CHARGED?

FARMER, STEVENSON and GROSS, JJ., concur.

Opinion of the Court

PER CURIAM.

AFFIRMED.

FARMER, STEVENSON and GROSS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.