Bebout v. State

I concur in the majority opinion and write to note that had the trial court revoked probation and resentenced appellant, instead of modifying probation, then appellant would not have-been entitled to credit for the time served on community control.

Section 948.01(4), Florida Statutes (2004) provides for a two-year ceiling on a community control sentence. Appellant cites to cases such as McGehee v. State, 688 So.2d 1008 (Fla. 1st DCA 1997), Cooper v. State, 672 So.2d 638 (Fla. 5th DCA 1996), and Kocher v. State, 651 So.2d 1288 (Fla. 3d DCA 1995), which apply section 948.01(4) to hold that even…