Young v. State (1997)

In Young v. State, 697 So. 2d 75 (Fla. 1997), the petitioner had been given a prison sentence to be followed by a period of community control. Id. at 76. After serving his entire prison sentence and part of his community control, he violated the conditions of his community control. Id. The trial court refused to give him credit against his subsequent prison sentence for the time he spent in community control. Id. The Court upheld that decision, noting that section 948.06(2), Florida Statutes (1993), provided that "no part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he shall be sentenced to serve." The Court interpreted that provision (since renumbered as section 948.06(3), see ch. 97-299, 13, Laws of Fla.) as establishing a general rule that "credit cannot be given for time served on community control." Young, 697 So. 2d at 77. The Court explained, merely "recognized a limited exception to this general rule" for those unusual circumstances "when the original term of community control is revoked as illegal." Id. at 77 n.6.