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State v. Folsom

District Court of Appeal of Florida, Fifth District
Nov 30, 1989
552 So. 2d 1194 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-2377.

November 30, 1989.

Appeal from the Circuit Court, Marion County, Wallace E. Sturgis, J.

Robert A. Butterworth, Atty. Gen., Tallahassee and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee.


In 1984, Thomas Clifton Folsom pled nolo contendere to two separate counts of lewd and lascivious assault. The trial court sentenced him to 6 years in the Department of Corrections on the first count and placed him on 3 years' consecutive probation on the second. Folsom served his prison term. He began his term of probation and subsequently admitted to violating it. The trial court then sentenced Folsom within the guidelines to 10 years in the Department of Corrections, allowing credit for the 6 years' incarceration previously served on the first sentence. The State appeals this allowance of credit for time served on the prior sentence against a separate and distinct consecutive sentence. The State is correct and we reverse. See State v. Rodgers, 540 So.2d 872 (Fla. 4th DCA 1989).

REVERSED and REMANDED for the entry of a corrected sentence.

COBB and HARRIS, JJ., concur.


Summaries of

State v. Folsom

District Court of Appeal of Florida, Fifth District
Nov 30, 1989
552 So. 2d 1194 (Fla. Dist. Ct. App. 1989)
Case details for

State v. Folsom

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. THOMAS C. FOLSOM, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 30, 1989

Citations

552 So. 2d 1194 (Fla. Dist. Ct. App. 1989)

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This argument is without merit. See State v. Folsom, 552 So.2d 1194 (Fla. 5th DCA 1989). As Sylvester notes,…

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The district court of appeal reversed the award of credit for time served. The court held that the original…