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Florida Prisoner Entitled to Previous Prison Credit upon Probation Violation
Florida’s Fourth District Court of Appeal reversed a trial court’s order, dismissing a Rule 3.800(a) motion to correct an illegal sentence, remanding with instruction to make a notation in the written sentence that the prisoner is entitled to receive credit for the time he previously served in prison before violating probation.
Prisoner Leon Knowles filed the motion after he pled guilty to the violation and was sentenced to five years in prison. In 1990, Knowles was charged with five courts of sexual battery. Pursuant to a plea of guilty, he received a fifteen-year prison sentence on counts I and V, followed by 10 years probation for counts II and III. Count IV was dismissed.
Knowles was released in 1997 and charged with violating probation on July 2, 2006. As part of the plea to that violation, he waived all jail credits. The Fourth District held that despite that waiver, he was still entitled to prior prison credits. Thus, the matter was reversed and remanded. See: Knowles v. State, 995 So. 2d 1121 (Fla. 4th DCA 2008).
Prisoner Leon Knowles filed the motion after he pled guilty to the violation and was sentenced to five years in prison. In 1990, Knowles was charged with five courts of sexual battery. Pursuant to a plea of guilty, he received a fifteen-year prison sentence on counts I and V, followed by 10 years probation for counts II and III. Count IV was dismissed.
Knowles was released in 1997 and charged with violating probation on July 2, 2006. As part of the plea to that violation, he waived all jail credits. The Fourth District held that despite that waiver, he was still entitled to prior prison credits. Thus, the matter was reversed and remanded. See: Knowles v. State, 995 So. 2d 1121 (Fla. 4th DCA 2008).
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Related legal case
Knowles v. State
| Year | 2008 |
|---|---|
| Cite | 995 So. 2d 1121 (Fla. 4th DCA 2008) |
| Level | State Court of Appeals |
LEON KNOWLES, Appellant, v. STATE OF FLORIDA, Appellee.
No. 4D08-1931
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
995 So. 2d 1121; 33 Fla. L. Weekly D 2773
December 3, 2008, Decided
OPINION
[*1121] PER CURIAM.
Leon Knowles appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Knowles is entitled to prison credit on his violation of probation sentence, we reverse and remand.
In 1990, Knowles was charged with five counts of sexual battery. He entered a guilty plea in September 1991. Pursuant to the sentencing guidelines, he received a fifteen-year prison sentence for counts I and V, followed by two consecutive ten-year probation sentences for counts II and III. The state nolle prossed count IV. Knowles was released from custody in 1997 upon completion of his incarceration period. On July 2, 2006, he was arrested [*1122] and charged with violating his probation. On January 18, 2007, he entered a guilty plea and received a five-year prison [**2] sentence. He "waive[d] all jail credit in exchange for his plea." (Emphasis added).
Knowles claims he is entitled to credit on his violation of probation sentence for the time he previously served in prison for counts I and V. See Tripp v. State, 622 So. 2d 941 (Fla. 1993) (holding that if 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).
We reverse the order denying relief and remand the case to the trial court to make a notation in the written sentence that Knowles is entitled to prison credit. See Scott v. State, 872 So. 2d 1011, 1012-13 (Fla. 5th DCA 2004).
Reversed and Remanded.
STEVENSON, GROSS and TAYLOR, JJ., concur.
No. 4D08-1931
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
995 So. 2d 1121; 33 Fla. L. Weekly D 2773
December 3, 2008, Decided
OPINION
[*1121] PER CURIAM.
Leon Knowles appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Knowles is entitled to prison credit on his violation of probation sentence, we reverse and remand.
In 1990, Knowles was charged with five counts of sexual battery. He entered a guilty plea in September 1991. Pursuant to the sentencing guidelines, he received a fifteen-year prison sentence for counts I and V, followed by two consecutive ten-year probation sentences for counts II and III. The state nolle prossed count IV. Knowles was released from custody in 1997 upon completion of his incarceration period. On July 2, 2006, he was arrested [*1122] and charged with violating his probation. On January 18, 2007, he entered a guilty plea and received a five-year prison [**2] sentence. He "waive[d] all jail credit in exchange for his plea." (Emphasis added).
Knowles claims he is entitled to credit on his violation of probation sentence for the time he previously served in prison for counts I and V. See Tripp v. State, 622 So. 2d 941 (Fla. 1993) (holding that if 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).
We reverse the order denying relief and remand the case to the trial court to make a notation in the written sentence that Knowles is entitled to prison credit. See Scott v. State, 872 So. 2d 1011, 1012-13 (Fla. 5th DCA 2004).
Reversed and Remanded.
STEVENSON, GROSS and TAYLOR, JJ., concur.