Florida District Courts of Appeal, 1999

Youmans v. State

Florida District Courts of Appeal · Decided February 12, 1999 · Dauksch, Sharp, Thompson

724 So. 2d 1274; 1999 Fla. App. LEXIS 1387; 1999 WL 77728 (Southern Reporter, Second Series)

Opinion of the Court

DAUKSCH, J.

This 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 Tripp was:

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?

The 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.

SENTENCE VACATED, REMANDED.

W. SHARP and THOMPSON, J., concur.

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