Youmans v. State

District Court of Appeal of Florida

Youmans v. State

724 So. 2d 1274, 1999 Fla. App. LEXIS 1387, 1999 WL 77728

CourtDistrict Court of Appeal of Florida

DecidedFebruary 12, 1999

DocketNo. 98-2477

StatusPublished

This text of 724 So. 2d 1274 (Youmans 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

Youmans v. State, 724 So. 2d 1274, 1999 Fla. App. LEXIS 1387, 1999 WL 77728 (Fla. Ct. App. 1999).

Pincite

Opinion

DAUKSCH, J.

This is an appeal from a sentence which violates the rule set out in Tripp v. State, 622 So.2d 941 (Fla.1993). Thus we must vacate the sentence and remand for a proper one. The question posed in Tripp was:

IF A TRIAL COURT IMPOSES A TERM OF PROBATION ON ONE OFFENSE CONSECUTIVE TO A SENTENCE OF INCARCERATION ON ANOTHER OFFENSE, CAN JAIL CREDIT FROM THE FIRST OFFENSE BE DENIED ON A SENTENCE IMPOSED AFTER A REVOCATION OF PROBATION THE SECOND OFFENSE?

The supreme court said no, so we all must follow that dictate. In addition, it appears the sentencing seoresheet should be corrected regarding points for victim injury, and the sentence rendered accox-dingly.

SENTENCE VACATED, REMANDED.

W. SHARP and THOMPSON, J., concur.

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