Musante v. State

District Court of Appeal of Florida

Musante v. State

685 So. 2d 100, 1997 Fla. App. LEXIS 76, 1997 WL 5163

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 1997

DocketNo. 96-2711

StatusPublished

This text of 685 So. 2d 100 (Musante 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

Musante v. State, 685 So. 2d 100, 1997 Fla. App. LEXIS 76, 1997 WL 5163 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

Appellant filed a post-conviction motion wherein he sought credit of approximately 17 months for the time he served on community control before revocation. Appellant relies on Waters v. State, 662 So.2d 332 (Fla.1995), where the supreme court held that upon revocation of probation following completion of community control, a trial court must credit a defendant with time served on probation and community control to any newly-imposed term of imprisonment and probation for the offense. The trial court denied appellant’s motion. We affirm.

Appellant does not allege that his sentence is illegal as defined by Davis v. State, 661 So.2d 1193, 1196 (Fla.1995). See also Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). Even in the face of such an allegation, based on our recent decision in Young v. State, 678 So.2d 427 (Fla. 4th DCA 1996), we would affirm the trial court’s order. As in Young, appellant did not receive a split sentence.

GUNTHER, C.J., and PARIENTE and SHAHOOD, JJ, concur.

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PER CURIAM.

Appellant filed a post-conviction motion wherein he sought credit of approximately 17 months for the time he served on community control before revocation. Appellant relies on Waters v. State, 662 So.2d 332 (Fla.1995), where the supreme court held that upon revocation of probation following completion of community control, a trial court must credit a defendant with time served on probation and community control to any newly-imposed term of imprisonment and probation for the offense. The trial court denied appellant’s motion. We affirm.

Appellant does not allege that his sentence is illegal as defined by Davis v. State, 661 So.2d 1193, 1196 (Fla.1995). See also Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996). Even in the face of such an allegation, based on our recent decision in Young v. State, 678 So.2d 427 (Fla. 4th DCA 1996), we would affirm the trial court’s order. As in Young, appellant did not receive a split sentence.

GUNTHER, C.J., and PARIENTE and SHAHOOD, JJ, concur.

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Bluebook (online)

685 So. 2d 100, 1997 Fla. App. LEXIS 76, 1997 WL 5163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musante-v-state-fladistctapp-1997.

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