sentence imposed after violation in Florida

1996We are constrained to reverse by prior precedent established by Ree v. State, 565 So.2d 1329 (Fla.1990), and its progeny, including State v. Colbert, 660 So.2d 701 (Fla. 1995); nevertheless, we find that the result in this case is neither equitable nor just, and *315 it is inconsistent with the practical reality of life on the trial bench. [1] Appellee was on probation for armed burglary, aggravated burglary with a deadly weapon, and resisting arrest with violence.

1996We are constrained to reverse by prior precedent established by Ree v. State, 565 So.2d 1329 (Fla.1990), and its progeny, including State v. Colbert, 660 So.2d 701 (Fla. 1995); nevertheless, we find that the result in this case is neither equitable nor just, and *315 it is inconsistent with the practical reality of life on the trial bench. [1] Appellee was on probation for armed burglary, aggravated burglary with a deadly weapon, and resisting arrest with violence.

1995Pursuant to State v. Green, 547 So.2d 925 (Fla.1989), Sapp is entitled to credit for all time served, including gain time awarded prior to being placed on probation, since his offense occurred prior to October 1, 1989.

1993The pertinent facts here are similar to those in Wilson v. State, 603 So.2d 93 (Fla. 5th DCA 1992).

1993Since Fullwood , the supreme court has issued its opinion in Tripp v. State, 622 So.2d 941 (Fla.), reh. denied, No. 79,176 (Fla. June 10, 1993).

1988To determine the propriety of the sentence imposed after violation of community control, the Franklin court relied upon State v. Payne, 404 So.2d 1055 (Fla.1981), in which the supreme court addressed the double jeopardy question attendant upon sentencing a defendant after revocation of probation.