State v. Hester

District Court of Appeal of Florida

State v. Hester

695 So. 2d 1315, 1997 Fla. App. LEXIS 7567, 1997 WL 362839

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1997

DocketNo. 96-02523

StatusPublished

Cited by1 cases

This text of 695 So. 2d 1315 (State v. Hester) 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.

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State v. Hester, 695 So. 2d 1315, 1997 Fla. App. LEXIS 7567, 1997 WL 362839 (Fla. Ct. App. 1997).

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Opinion

FRANK, Acting Chief Judge.

Craig Hester was sentenced to a term of imprisonment after repeatedly violating the conditions of his community control. The state has timely appealed from an order correcting judgment and sentence, entered pursuant to Hester’s rule 3.800(a) motion, which credited Hester’s term of imprisonment with [1316]*1316time previously spent on community control. We agree with the state that the relief accorded Hester violated section 948.06(2), Florida Statutes (1995). That statute provides that “no part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he shall be sentenced to serve.” Hester cannot benefit from the narrow exception announced in Fraser v. State, 602 So.2d 1299 (Fla.1992); i.e., Fraser had successfully completed a sentence of community control when he learned that, through no fault of his, the sentence was illegally imposed. Hester’s termination from community control is attributable to his violation of the imposed conditions. We are, therefore, unlike the court in Fraser, compelled to quash the order correcting judgment and sentence.

Reversed and remanded.

WHATLEY and NORTHCUTT, JJ., concur.

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FRANK, Acting Chief Judge.

Craig Hester was sentenced to a term of imprisonment after repeatedly violating the conditions of his community control. The state has timely appealed from an order correcting judgment and sentence, entered pursuant to Hester’s rule 3.800(a) motion, which credited Hester’s term of imprisonment with [1316]*1316time previously spent on community control. We agree with the state that the relief accorded Hester violated section 948.06(2), Florida Statutes (1995). That statute provides that “no part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he shall be sentenced to serve.” Hester cannot benefit from the narrow exception announced in Fraser v. State, 602 So.2d 1299 (Fla.1992); i.e., Fraser had successfully completed a sentence of community control when he learned that, through no fault of his, the sentence was illegally imposed. Hester’s termination from community control is attributable to his violation of the imposed conditions. We are, therefore, unlike the court in Fraser, compelled to quash the order correcting judgment and sentence.

Reversed and remanded.

WHATLEY and NORTHCUTT, JJ., concur.

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Bluebook (online)

695 So. 2d 1315, 1997 Fla. App. LEXIS 7567, 1997 WL 362839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hester-fladistctapp-1997.

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