State v. Witherspoon

Summary

The Supreme Court of Florida held that the rule in Tripp v. State requires credit for time served on an earlier consecutive sentence when probation on a later offense is revoked, even if the newly imposed sentence remains within the sentencing-guidelines range. The court approved the Fifth District Court of Appeal's decision and answered the certified question in the affirmative.

Holdings

1. When offenses were originally sentenced consecutively on a single scoresheet, Tripp requires credit for time served on the first offense against the sentence imposed after revocation of probation on the second offense, even if the newly imposed sentence is within the sentencing-guidelines range.

Questions Presented

1. When a defendant was originally sentenced consecutively on a single scoresheet, does Tripp v. State require credit for time served on the first offense when probation on the second offense is revoked, even though the newly imposed sentence does not exceed the sentencing-guidelines maximum?

Disposition

approved