(DOWNLOAD) "Fulcher v. State" by A.D. 2004 In the District Court of Appeal of Florida Third District January Term # eBook PDF Kindle ePub Free
eBook details
- Title: Fulcher v. State
- Author : A.D. 2004 In the District Court of Appeal of Florida Third District January Term
- Release Date : January 10, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
David Fulcher entered into a negotiated plea of guilty to three counts of attempted sexual battery on a minor, and one count of lewd assault. The judge sentenced Fulcher to eight years in state prison on each count, to be followed by ten years of probation, all counts to run concurrently. Fulcher served five years and three months of his prison sentence and was released into probation. Subsequently, Fulcher admitted violating his probation by possessing alcohol and by having unsupervised contact with two children. At the probation violation hearing the judge revoked Fulcher=s probation and sentenced him to thirty-six months of state prison on all four counts, with credit for 504 days served in jail. The court did not award Fulcher any credit for time spent in prison on his original sentence, and in neither the written admission nor the plea colloquy was the issue discussed. Fulcher argues that he is entitled to credit for the five years and three months he served in prison on the incarcerative portion of his original split sentence. With application of this credit to his current sentence of three years, Fulcher asserts that he is entitled to immediate release.
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