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Hodgdon v. State7/5/2001
We have for review the decision in Hodgdon v. State, 764 So. 2d 872 (Fla. 4th DCA 2000), which certified conflict with the decision in Bailey v. State, 634 So. 2d 171 (Fla. 1st DCA 1994). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. This case presents us with the opportunity to clarify our holding in Tripp v. State, 622 So. 2d 941 (Fla. 1993).
TRIPP V. STATE
In Tripp the defendant pled guilty to charges of burglary and grand theft. Tripp was sentenced to four years' imprisonment on the burglary charge and four years' probation on the grand theft charge consecutive to the burglary sentence. Following his release from prison, Tripp violated probation and it was revoked. The trial court sentenced him to four-and-a-half years' incarceration on the grand theft charge, but gave Tripp credit for the four years he previously served on the burglary charge.
On appeal, the Second District reversed the award of credit for time served, reasoning that Tripp was not entitled to credit for time served on the grand theft charge on which he violated probation, as the original sentence imposed by the trial judge was the product of two separate convictions. So constructed, the total sentence imposed on Tripp exceeded by three years the sentence permitted under the guidelines.
This Court reversed the Second District, holding that when "a trial court imposes a term of probation on one offense consecutive to a sentence of incarceration on another offense, credit for time served on the first offense must be awarded on the sentence imposed after revocation of probation on the second offense." Tripp, 622 So. 2d at 942.
At the root of our decision was a desire to effectuate the intent underlying the sentencing guidelines. The Second District's decision would have permitted trial judges to circumvent the sentencing guidelines by structuring sentences so as to allow them to impose sentences in excess of the guidelines upon a violation of probation. Specifically, the sentence imposed by the trial court upon Tripp's probation violation, without giving Tripp credit for the time he served on the burglary charge against the grand theft charge, exceeded the highest permitted range for his total sentence. We explained:
Thus, it appears that the sentencing method sanctioned by the district court of appeal is inconsistent with the intent of the sentencing guidelines. Under this method, trial judges can easily circumvent the guidelines by imposing the maximum incarcerative sentence for the primary offense and probation on the other counts. Then, upon violation of probation, the judge can impose a sentence which again meets the maximum incarcerative period. Without an award of credit for time served for the primary offense, the incarcerative period will exceed the range contemplated by the guidelines. Id. at 942.
In so holding, we rejected the State's argument that Tripp was not entitled to credit for time served against his second conviction because he was convicted of two separate crimes and received two separate sentences: "The State, however, ignores the fact that both offenses were factors that were weighed in the original sentencing through the use of a single scoresheet and must continue to be treated in relation to each other, even after a portion of the sentence has been violated." Id.
Our holding in Tripp was interpreted by the First District in Bailey as creating, "a `bright line' rule intended to simplify the application of sentencing guidelines and avoid confusion arising from the varying circumstances that can occur in different cases." 634 So. 2d at 172.
Bailey was convicted in 1989 of one count of grand
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