Corse v. State

District Court of Appeal of Florida

Corse v. State

833 So. 2d 317, 2003 Fla. App. LEXIS 32, 2003 WL 20373

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 2003

DocketNo. 2D01-4906

StatusPublished

This text of 833 So. 2d 317 (Corse 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

Corse v. State, 833 So. 2d 317, 2003 Fla. App. LEXIS 32, 2003 WL 20373 (Fla. Ct. App. 2003).

Pincite

Opinion

FULMER, Judge.

Walter Corse appeals from the. trial court’s order modifying the conditions of his community control. We affirm the finding of a willful violation but reverse the modification order.

After hearing testimony regarding a violation of community control, the trial court found Corse to be in violation but did not revoke his community control. Instead, the trial court imposed 364 days of county jail as an additional condition of community control and specifically ordered that there be no credit for time served. We agree with Corse that this modification was illegal because the trial court was required to grant credit for all time served since Corse’s original arrest for the instant offenses. See Hyatt v. State, 605 So.2d 957, 958 (Fla. 2d DCA 1992). We reject the contention that Corse validly waived his right to credit for time served.

Reversed and remanded for Corse’s jail term to be properly credited.

SILBERMAN and COVINGTON, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

FULMER, Judge.

Walter Corse appeals from the. trial court’s order modifying the conditions of his community control. We affirm the finding of a willful violation but reverse the modification order.

After hearing testimony regarding a violation of community control, the trial court found Corse to be in violation but did not revoke his community control. Instead, the trial court imposed 364 days of county jail as an additional condition of community control and specifically ordered that there be no credit for time served. We agree with Corse that this modification was illegal because the trial court was required to grant credit for all time served since Corse’s original arrest for the instant offenses. See Hyatt v. State, 605 So.2d 957, 958 (Fla. 2d DCA 1992). We reject the contention that Corse validly waived his right to credit for time served.

Reversed and remanded for Corse’s jail term to be properly credited.

SILBERMAN and COVINGTON, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

833 So. 2d 317, 2003 Fla. App. LEXIS 32, 2003 WL 20373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corse-v-state-fladistctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack