Opinion
CASE NO. 96-0998
Opinion filed February 12, 1997
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case No. 90-15677 CF10A.
Mark H. Hildebrandt of Mark H. Hildebrandt, P.A., Miami Beach, and H. Scott Fingerhut of H. Scott Fingerhut, P.A., Miami, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
AFFIRMED.
FARMER, STEVENSON and GROSS, JJ., concur.
ON MOTION FOR REHEARING
We affirm the appellant's judgment of conviction and sentence. However, since the fourth issue on appeal raises the same legal question which this court certified to the supreme court in Young v. State, 678 So.2d 427 (Fla. 4th DCA 1996), review granted, No. 88,916 (Fla. Jan. 10, 1997), we certify the same question here.
IS A DEFENDANT ENTITLED TO CREDIT FOR TIME SPENT ON PROBATION/COMMUNITY CONTROL WHEN A NEW SENTENCE OF INCARCERATION IS IMPOSED FOR VIOLATION OF THE PROBATIONARY PORTION OF A SPLIT SENTENCE AND THE NEW PERIOD OF INCARCERATION, WHEN COMBINED WITH THE PROBATION/COMMUNITY CONTROL PREVIOUSLY SERVED, EXCEEDS THE STATUTORY MAXIMUM FOR THE CRIME CHARGED?
FARMER, STEVENSON and GROSS, JJ., concur.