LESTER DUANE RADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in failing to give the appellant sufficient credit for time spent in jail before sentencing. However, the speedy trial rule was not violated.
Appellant was arrested and held in multiple counties before being sentenced in Hillsborough County. The trial court only gave credit for time spent in…
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PER CURIAM.
The primary issue on appeal is whether the court erred in denying appellant’s motion for discharge under the speedy trial rule. Our review of the record reveals that appellant’s contention that he was not brought to trial within the speedy trial period is without merit.
However, the court erred in failing to give appellant sufficient credit for the time he spent in jail before sentencing. Appellant was arrested in Palm Beach County on January 13, 1978, on warrants from Hills-borough County, Broward County and the State of Washington. He was transferred from Palm Beach County Jail to Broward County Jail on January 18, 1978. On January 29, 1978, the Broward County court sentenced him to time spent in the Broward County Jail and gave him credit for time served. The following day the State of Washington waived extradition.
On March 2,1978, appellant was transferred to Hillsborough County. There, after conviction, the court sentenced him and gave him credit only for the 144 days spent in the Hillsborough County Jail. This was not enough. Even through during a portion of his Palm Beach County and Broward County jail time he was also being held to answer for other charges, he was entitled to additional credit from January 13, 1978, to January 18, 1978, and from January 29, 1978, to March 2, 1978, against the Hillsborough County charge. Deaver v. State, 326 So. 2d 222 (Fla. 2d DCA 1976). But, he was not entitled to credit from January 18,1978, to January 29, 1978, because he received this credit against the Broward County sentence. Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974).
Accordingly, we affirm the judgment but remand the cause with directions that the court grant additional credit on the sentence in accordance with this opinion. Appellant need not be present for this purpose.
GRIMES, C. J., and HOBSON and BOARDMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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DeWayne Lee Bruner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981)…that a defendant, being held on numerous charges, is not entitled to a multiple credit. Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974); Watson v. State, 340 So. 2d 961 (Fla. 2d DCA 1976), cert. denied 348 So. 2d 955 (Fla.1977); Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979). We are unable to determine from the record whether Bruner received the jail time credit against the St. John’s County sentence. Accordingly, the cause is remanded to the trial court to determine if credit was applied to Bruner’s…
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Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990)…ry 20, 1984, to November 27, 1984,” it appears some of this time was spent in Dade County and involved a “Dade County case.” While Pacheco might be entitled to credit for time served in one jurisdiction while being held for another; Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979); he would not be entitled to credit for jail time attributable solely to an unrelated foreign charge. See, e.g., Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988); Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983). To the exte…
Authorities Cited
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Deaver v. State, 326 So. 2d 222 (Fla. 2d DCA 1976)