Supreme Court of Florida, 1994

State v. Alvarez

Supreme Court of Florida · Decided November 23, 1994 · Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells

644 So. 2d 1360; 19 Fla. L. Weekly Supp. 629; 1994 Fla. LEXIS 1843; 1994 WL 656679 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We have for review Alvarez v. State, 626 So.2d 265, 266 (Fla. 2d DCA 1993), in which the district court certified the following question as being of great public importance:

MUST A TRIAL COURT, UPON REVOCATION OF PROBATION, CREDIT PREVIOUS TIME SERVED ON PROBATION TOWARD ANY NEWLY-IMPOSED TERM OF PROBATION SO THAT THE TOTAL PROBATIONARY TERM IS SUBJECT TO THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

We answered the same question in the affirmative in State v. Summers, 642 So.2d 742 (Fla. 1994). Because the district court resolved the issue consistent with our decision in Summers, we approve.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

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