Narrative Opinion Summary
This case involves an appeal by Calvin Stokes regarding sentencing errors in two separate cases, with the state conceding mistakes. In the first case, Stokes had been sentenced to community control for felony petit theft but violated the terms multiple times, resulting in a final revocation. The court imposed a four and one-half year prison sentence and six months of probation but failed to credit Stokes for over two years served on community control. Under Florida law, such credit is mandatory, leading to the sentence being reversed and remanded for correction to ensure compliance with the five-year statutory maximum. In the second case, a clerical error in the sentencing order incorrectly specified a six-month probation term instead of six years, requiring correction upon resentencing. Additionally, the court ordered the removal of a $2 discretionary cost not orally pronounced and a $33 cost lacking statutory authority. The revocation of community control in the first case is upheld, but the sentence is reversed for resentencing, and the order in the second case is to be corrected, with the specified costs removed.
Legal Issues Addressed
Correction of Clerical Errors in Sentencing Orderssubscribe to see similar legal issues
Application: Errors in sentencing orders, such as incorrect probation terms, must be corrected upon resentencing.
Reasoning: In Case No. 94-0537, there was a clerical error in the sentencing order, specifying a term of six months’ probation instead of six years.
Credit for Time Served under Community Controlsubscribe to see similar legal issues
Application: The trial court must credit time served on community control when imposing a subsequent sentence after revocation.
Reasoning: The trial court failed to credit Stokes for over two years served on community control before the third revocation, which is required under Florida law.
Limit on Total Sentence Durationsubscribe to see similar legal issues
Application: The cumulative duration of prison, probation, and community control must not exceed the statutory maximum.
Reasoning: Upon remand, it must include this credit, ensuring the total of all prison, probation, and community control does not exceed the five-year statutory maximum.
Striking Non-Statutory and Unpronounced Costssubscribe to see similar legal issues
Application: Costs not orally pronounced or lacking statutory authority must be struck from the sentencing order.
Reasoning: Additionally, the court struck two costs from this case: a $2 cost deemed discretionary and not orally pronounced, and a $33 cost lacking cited statutory authority.