Eddie Adams v. State , 2016 Fla. App. LEXIS 11165 ( 2016 )

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
EDDIE ADAMS,
Appellant,
v. Case No. 5D15-2066
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed July 22, 2016
3.800 Appeal from the Circuit Court
for Orange County,
Alan S. Apte, Judge.
Eddie Adams, Bristol, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
Eddie Adams appeals the denial of his motion to correct illegal sentence. See Fla.
R. Crim. P. 3.800(a). He argues the trial court erred by failing to credit him for time
previously served on probation and community control when it imposed a new split
sentence of prison and probation following a violation of probation. Adams asserts that
the failure to give him credit resulted in a sentence exceeding the statutory maximum. 1
The State properly concedes error.
As we have previously held, "[w]hen a trial court imposes a new split sentence
following a violation of probation, the law requires that the court 'give credit for any time
previously served on probation if the new period of probation together with other sanctions
(including jail and prison credit) and the time previously served on probation total more
than the statutory maximum for the underlying offense.'" Edwards v. State, 59 So. 3d
1177, 1177 (Fla. 5th DCA 2011) (quoting Waters v. State, 662 So. 2d 332, 333 (Fla.
1995)); see also Chase v. State, 977 So. 2d 708, 709-10 (Fla. 1st DCA 2008) ("Upon
revocation of probation following completion of community control, the court must credit
time served on probation and community control to any newly imposed term of
imprisonment and probation so that the total period of community control, probation, and
imprisonment served and to be served does not exceed the statutory maximum for the
offense.").
Accordingly, we reverse the order of the trial court and remand with directions that
Adams be given the credit necessary so that his new split sentence does not exceed the
statutory maximum.
REVERSED and REMANDED.
PALMER, ORFINGER and BERGER, JJ., concur.
1Specifically, Adams contends his sentence of ten years in prison followed by thirty
years of probation is illegal because it exceeds the statutory maximum of forty years when
combined with the time he has already served in prison and on probation for the
underlying offense of sexual battery with a deadly weapon.
2