Bagley v. State

I agree with the panel’s decision to permit the voluntary dismissal of this case, but write to address our court’s precedent in Smith v. State, 41 So.3d 977 (Fla. 5th DCA 2010), which the trial court correctly declined to apply in light of Ransone v. State, 48 So.3d 692 (Fla.2010). Smith held that when sentencing a defendant following revocation of probation based upon a new offense, the trial court must credit the defendant with time served on the new offense. In this case, for example, Bagley was placed on probation in Orange County on May 18, 2010, after entering a nolo contendere plea to…