Bowland v. State

District Court of Appeal of Florida

Bowland v. State

622 So. 2d 1009, 1993 Fla. App. LEXIS 4988, 1993 WL 144084

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1993

DocketNo. 92-01419

StatusPublished

This text of 622 So. 2d 1009 (Bowland v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowland v. State, 622 So. 2d 1009, 1993 Fla. App. LEXIS 4988, 1993 WL 144084 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The defendant appeals his sentence imposed after violation of probation. With a one-cell bump for the violation of proba[1010]*1010tion, the trial court's sentence, 4¾⅛ years’ incarceration, is within the permissible range. The trial court, however, did not allow credit for time served on another offense for which the defendant had received an incarcerative sentence at the same time he was sentenced to probation for this offense. The trial court followed our holding in State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991). The supreme court recently reversed that decision. Tripp v. State, 622 So.2d 941 (Fla.1993).

Accordingly, we reverse and remand for a determination of credit for time served, following the supreme court’s decision in Tripp.

PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.

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PER CURIAM.

The defendant appeals his sentence imposed after violation of probation. With a one-cell bump for the violation of proba[1010]*1010tion, the trial court's sentence, 4¾⅛ years’ incarceration, is within the permissible range. The trial court, however, did not allow credit for time served on another offense for which the defendant had received an incarcerative sentence at the same time he was sentenced to probation for this offense. The trial court followed our holding in State v. Tripp, 591 So.2d 1055 (Fla. 2d DCA 1991). The supreme court recently reversed that decision. Tripp v. State, 622 So.2d 941 (Fla.1993).

Accordingly, we reverse and remand for a determination of credit for time served, following the supreme court’s decision in Tripp.

PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.

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Bluebook (online)

622 So. 2d 1009, 1993 Fla. App. LEXIS 4988, 1993 WL 144084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowland-v-state-fladistctapp-1993.

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