Waters v. State

OPINION ON MANDATE

We affirm the appellant’s conviction and vacate his sentence in accordance with the principles set forth in Waters v. State, 662 So.2d 332 (Fla.1995). In its opinion, the Supreme Court of Florida answered in the affirmative the following question certified to be of great public importance:

MUST A TRIAL COURT, UPON REVOCATION OF PROBATION FOLLOWING COMPLETION OF COMMUNITY CONTROL, CREDIT TIME PREVIOUSLY SERVED ON PROBATION AND COMMUNITY CONTROL TO ANY NEWLY IMPOSED TERM OF IMPRISONMENT AND PROBATION FOR THE SAME OFFENSE, SO THAT THE TOTAL PERIOD OF COMMUNITY CONTROL,…