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Van Thompson v. State
Citations: 771 So. 2d 593; 2000 Fla. App. LEXIS 14660; 2000 WL 1675925Docket: No. 1D99-3653
Court: District Court of Appeal of Florida; November 8, 2000; Florida; State Appellate Court
Michael Van Thompson appealed the trial court's decision regarding his re-sentencing in Circuit Court Case No. 95-3676, arguing he should receive credit for time served. The State conceded this error. The appellate court reversed the sentence in this case and remanded it to the trial court, directing that Thompson be credited for all time served, including time with the Florida Department of Corrections (DOC). Thompson had previously been convicted in Circuit Court Case No. 95-2472 of sexual battery and attempted sexual battery, receiving consecutive sentences of 60 years and 10 years, respectively, after being classified as an habitual felony offender (HFO). In Circuit Court Case No. 95-3676, he was convicted of sexual battery by some force or violence and sentenced as an HFO to 20 years, concurrent with the first case's sentence. However, on direct appeal, the HFO sentences were vacated due to a lack of qualifying prior offenses, resulting in a remand for re-sentencing. Upon re-sentencing in September 1999, Thompson was given a 12-year sentence for Count One and a 5-year sentence for Count Two in Case No. 95-2472, with credit for time served. In contrast, during re-sentencing in Case No. 95-3676, he received a 14-year sentence without credit for time already served, which all parties acknowledged was an error. The appellate court cited precedents to support the need for credit for time served and confirmed the reversal and remand for correction of the sentence in Case No. 95-3676. Judges Allen, Benton, and Browning concurred with the decision.