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First DCA Reverses Excessive Sentence Then Reverses Sentence Again

Nov 11, 2013 | Appeals/Post-Conviction Motions

In Sprott v. State, 38 Fla. L. Weekly D2238a (Fla. 1st DCA 2013), Sprott pled guilty to count one: uttering a forged bill, count two: possession of forged notes, count three: attempted scheme to defraud, and count four: possession of a forged, stolen, or fictitious driver’s license. The trial court adjudicated Sprott guilty on all four counts and sentenced him to 24 months in Florida State Prison. On appeal, however, the First DCA reversed the original sentence as excessive.

Sprott then appealed the sentence pronounced on rehearing after the case was remanded. When resentenced on remand, Sprott had already served 390 days of his original, erroneously imposed prison sentence. Sprott argued that, in addition to the 364 days’ credit he received against jail time for time he had served on the original sentence, he was entitled to 26 days’ credit against the probationary portion of his current sentence. The First DCA reversed and remanded his case again with directions that Sprott receive 26 days’ credit against the probationary portion of the sentence pronounced on remand.


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