Florida/Georgia Personal Injury & Workers Compensation

...tion to forfeit credit for prior gain time upon the revocation of probation. Even *175 though the sentencing judge has authorized credit for unforfeited gain time, DOC may now unilaterally declare it forfeited. Most recently, the legislature enacted section 921.0017, Florida Statutes (1995), which eliminated all credit for any type of gain time earned prior to the revocation of probation with respect to offenses committed on or after January 1, 1994....

...__________ It is further ordered that the defendant be allowed ______ days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count _____________________________________....

...nths later, the defendant was sentenced to fifteen years incarceration. This court disagreed, saying that the earlier agreement "does not amount to a global waiver of credit for all time served, as the state suggests." Id. at 380 n. 1. See generally § 921.0017, Fla....

...Section 944.28(1) does not specify whether the forfeiture penalty applies to split sentences. Its analog, section 948.06(6) (now section 948.06(7), Florida Statutes (2003)), specifies that the forfeiture penalty applies to the revocation of probation or community control imposed as part of a split sentence. [7] Similarly, section 921.0017, Florida Statutes (2003), which applies to offenses committed on or after January 1, 1994, specifies that upon revocation of probation when an offender is serving a "split sentence pursuant to section 948.01," the trial court shall only order credit for time served and not for gain time....

...____ It is further ordered that the defendant be allowed __ days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ____....

...ed on probation. The trial court acknowledged this omission in the original resentencing and filed an amended judgment and sentence in which it required the *719 Department of Corrections to give Mr. Hardenbrook credit for prior prison time. [1] See § 921.0017, Fla....

...The second resentencing thus corrected the error, and mooted the claim of failure to give credit for time spent in prison before probation. Once the sentencing judge has awarded a defendant prior prison credit, the Department of Corrections has primary responsibility for calculating the credit. See § 921.0017, Fla....

of 1957. Chap. 57-366, Laws of Florida, F.S.A. § 921.17 et seq. providing for indeterminate sentences

...Or, the court could sentence the defendant to the original ten year incarceration with credit for the time served on the original five year term. The end result is the same: the defendant should serve a total of ten years in either case. See Moore v. State, 755 So.2d 806 (Fla. 3d DCA 2000). Additionally, section 921.0017, Florida Statutes, requires that: Effective for offenses committed on or after January 1, 1994, if an offender's probation or community control is revoked and the offender is serving a split sentence pursuant to s....

...n was revoked and the court imposed the suspended 13 years incarceration. Under this sentence, Stephens should have received credit only for the 411 days jail time and he should have also been required to serve the 165 days gain time forfeited under section 921.0017, Florida Statutes....

...Willingham's sentencing scoresheet totaled 45.5 points, which in turn resulted in a minimum permissible sentence of 13.1 months in prison. In order to depart downward from 13.1 months, the trial judge would have had to have provided written reasons in writing. § 921.0017(3)....

...in time that it found unforfeited. The judgment is consistent with section 944.28(1); it is consistent with section 948.06(6); it is consistent with the statewide sentencing form (Florida Rules of Criminal Procedure 3.986); and it is consistent with section 921.0017 (although this section was not applicable at the time of the present sentence)....

...However, our review of the record and of the applicable law reflected an issue of arguable merit in the failure of the trial court to order that Mr. McCall receive credit for the time that he served in prison on the incarcerative portion of his split sentence. See § 921.0017, Fla....

...ord. Attached to Johnson's motion was a partial copy of his written sentence in Case No. 98-31079, which shows that the trial court did not check the box instructing the DOC to compute and apply credit for time previously served in state prison. See § 921.0017, Fla....

...ween date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ....

...l time actually served in prison prior to his release on probation unless such credit is waived. See Bradley v. State, 631 So.2d 1096 (Fla.1994); State v. Holmes, 360 So.2d 380, 383 (Fla.1978); Jones v. State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla....

...____ It is further ordered that the defendant be allowed ____ days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count _____....

...l time actually served in prison prior to his release on probation unless such credit is waived. See Bradley v. State, 631 So.2d 1096 (Fla.1994); State v. Holmes, 360 So.2d 380, 383 (Fla.1978); Jones v. State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla....

...2d DCA *1077 1995) (applying section 958.14 and holding a defendant placed on probation as a youthful offender cannot be sentenced to more than six years’ imprisonment following a revocation of probation based upon a technical violation). See also, § 921.0017, Fla....

apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Offenses

...As he was properly credited for the ten-year minimum mandatory he served upon his original conviction, we find no merit in the claim that the sentence imposed upon revocation of probation violated his constitutional safeguards against double jeopardy. See § 921.0017, Fla. Stat....

...The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant asserts an entitlement to prison credit for time spent in the Department of Corrections on this case prior to being resentenced for violating his probation. See § 921.0017, Fla....

...o the date of resentencing. The Department of Corrections shall apply original jail time credit and shall - 32 -  compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ....

...o this entitlement. Briggs v. State, 929 So.2d 1151, 1153 (Fla. 5th DCA 2006). The fact that a defendant is resentenced following a violation of probation does not alter this outcome. Tomiuk v. State, 663 So.2d 681, 681 (Fla. 5th DCA 1995); see also § 921.0017, Fla....

...For the reasons discussed below, we reverse and remand for further proceedings. "When a defendant is resentenced for violating probation, he is entitled to prison credit for all time served on that charge prior to resentencing. Nix v. State, 941 So.2d 568 (Fla. 1st DCA 2006); see also § 921.0017, Fla....

...It is further ordered that the defendant be allowed_days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count_(Of-fenses committed on or after January 1,1994) Consecutive/Concurrent as to Other Counts It is further ordered that the sentence imposed for this count shall run (check one) _ consecutive to _ concurrent with the sentence set forth in count_of this case....

...of arrest as a violator and the date of recommitment, and shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted. § 921.0017, Fla....

...he Department of Corrections’ custody from April 3, 2000 to April 15, 2002. Apparently, the trial court did not check the box instructing the Department of Corrections to compute and apply credit for the time previously served in state prison. See § 921.0017, Fla....

...The trial court specified that these three five-year sentences were to run consecutively. The trial court at first ordered that the Department of Corrections give him credit for prior, concurrent prison sentences served on the child-abuse counts, under section 921.0017, Florida Statutes. It also ordered a credit of 782 days for time served in jail since the last arrest for the probation violation. See § 921.0017, Fla....

...wo counts, the five-year sentences imposed for those counts—when the uncredited 100 days are added on top—effectively exceed the statutory maximum for each count. The disposition here is required so that legal sentences may be imposed. Cf. § 921.0017, Fla....

PER CURIAM. Affirmed. See Jackson v. State, 147 So.3d 1076 (Fla. 3d DCA 2014); § 921.0017, Fla....

...l time actually served in prison prior to his release on probation unless.such credit is waived. See Bradley v. State, 631 So.2d 1096 (Fla.1994); State v. Holmes, 360 So.2d 380, 383 (Fla.1978); Jones v. State, 633 So.2d 482, 483 (Fla. 1st DCA 1994); § 921.0017, Fla....

...State, 622 So.2d 941 (Fla.1993), this affirmance is without prejudice to appellant’s filing another motion asking the trial court to correct his sentence by directing the Florida Department of Corrections to compute and apply credit for time served on count I, see § 921.0017, Fla....

and ALTENBERND, JJ., concur. . We note that section 921.0017, Florida Statutes (1995), and section 948

...Since there must be further proceedings on remand, defendant may at that time present the issue for consideration by the trial court. We express no view on the merits of defendant’s position. Reversed and remanded for further proceedings consistent herewith. The defendant's crime was committed in 1991. Consequently, section 921.0017, Florida Statutes (1993) does not apply in this case.

...dit prior to each such placement, compels a different result. The statute requires the department to "compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted.” § 921.0017, Fla....

...ween date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ....

...date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ....

...date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count ....

...On the sentencing documents, the court awarded Criswell 140 days of jail credit for time served, but did not check off the box beside the paragraph for awards of credit so as to direct the DOC to compute and apply credit for prison time served pursuant to section 921.0017, Florida Statutes....

...t is waived.” Scharman v. 2 Crews, 123 So. 3d 147, 148 (Fla. 1st DCA 2013). The record is not clear in this instance whether the trial court directed the Florida Department of Corrections, pursuant to section 921.0017 of the Florida Statutes, to compute the appropriate prison credit; nor, ultimately, is it clear whether Rey either waived the additional prison credit or is entitled to it....

...days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to Section 921.0017, Florida Statutes, in this case....

...he was sentenced. Although the trial court ordered that Jacobs receive credit for the time he served in the county jail, the trial court failed to award Jacobs credit for the time he had served in the state prison system. This was clearly error. See § 921.0017, Fla....

...ated. 1 Under the applicable statute, the sentencing order should reflect that the defendant is being awarded prison credit, and the calculation of the time previously served in the Department of Corrections is left to the Department to compute. See § 921.0017, Fla....

...We reject the defendant’s argument because it rests on a faulty premise. The two sentences are functionally the same. During defendant’s original incarceration in the Department of Corrections, his 26.8 month sentence was shortened by 175 days of gain time. 1 Section 921.0017, Florida Statutes (1995), provides: 921.0017 Credit upon recommitment of offender serving split sentence....

...at 1184 , while in Cunningham, the defendant had to serve 547 days of forfeited gain time, see 742 So.2d at 357 , and in Eldridge the defendant had to serve 2573 days of forfeited gain time. No. SC93567, op. at -. The logic of those cases applies to section 921.0017....

...ime, but forfeited fifteen days due to disciplinary action, so the net gain time applied to his sentence was 175 days. . The crimes involved in Eldridge and Whittaker , and apparently the crime in Cunningham, were committed prior to the enactment of section 921.0017 in 1993, see ch....

...The trial court revoked probation and imposed a new sentence of seventy- one months in prison, giving stipulated credit for jail time served and directing the Department of Corrections to calculate the appropriate credit for the time Maxwell had already served on the convictions under section 921.0017, Florida Statutes....