State v. Simms

642 So. 2d 744, 19 Fla. L. Weekly Supp. 464, 1994 Fla. LEXIS 1450, 1994 WL 513594
Supreme Court of Florida·Decided September 22, 1994·No. No. 82829·Published

Opinion

KOGAN, Justice.

We have for review Simms v. State, 627 So.2d 1189, 1190 (Fla. 2d DCA 1993), in which the district court certified the following question as being of great public importance:

MUST A TRIAL COURT, UPON REVOCATION OF PROBATION, CREDIT PREVIOUS TIME SERVED ON PROBATION TOWARD ANY NEWLY-IMPOSED TERM OF PROBATION SO THAT THE TOTAL PROBATIONARY TERM IS SUBJECT TO THE STATUTORY MAXIMUM FOR A SINGLE OFFENSE?

We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

[745] We have answered the same question in the affirmative, in State v. Summers, 642 So.2d 742 (Fla.1994). Because the decision under review is in harmony with our decision in Summers, we approve it.

It is so ordered.

GRIMES, C.J., OVERTON, SHAW, HARDING and WELLS, JJ., and McDONALD, Senior Justice, concur.

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

State v. Simms, 642 So. 2d 744, 19 Fla. L. Weekly Supp. 464, 1994 Fla. LEXIS 1450, 1994 WL 513594 (Fla. 1994).

642 So. 2d 744 (State v. Simms) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Summers
642 So. 2d 742 (Supreme Court of Florida, 1994)
Simms v. State
627 So. 2d 1189 (District Court of Appeal of Florida, 1993)