JON MICHAEL LUND, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The defendant appeals from an order which revoked his probation and imposed the remaining term of his sentence. Because we find a basis supported by the record to warrant revocation, that feature of the order is affirmed. Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978). In imposing sentence, the court indicated that the defendant was to be given credit for time served but did not specify the amount of time that was to be credited against his sentence as expressly required by Section 921.161(1), Florida Statutes (1979); Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978). A proper application of Section 921.161(1), supra, mandates that the defendant be given credit for all time served. Baker v. Wainwright, 327 So. 2d 8 (Fla.1976); Gallagher v. State, 300 So. 2d 299 (Fla. 4th DCA 1974).
However, a defendant, being held on numerous charges is not entitled to have credit for jail time pyramided by being given credit on each sentence as he awaits disposition of multiple and separate charges or cases. Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974). For the foregoing reasons, the order revoking the defendant’s probation is affirmed but the sentence is reversed and remanded for proper sentencing.
Affirmed in part and reversed in part with directions.
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Lenden Alvin Pendergrass v. State, 487 So. 2d 35 (Fla. 4th DCA 1986)…ce after allowing for the time already served on the youthful offender con [*37] viction. Such a sentence violates section 921.161(1), Florida Statutes (1983), however, for the sentence must specify the credit for time already served. Lund v. State, 396 So. 2d 255 (Fla. 3d DCA 1981). The appellant thinks his previously served 226 days should on remand be deducted from the year’s sentence for violation of probation. The state thinks the court should have the opportunity to resen-tence in such a manner as to e…
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Romualdas J. Jablonskis v. State, 422 So. 2d 356 (Fla. 5th DCA 1982)…s on three different charges and to pre-sentence incarceration in jail in Illinois as well as in Orange County, Florida. It may be that appellant is erroneously claiming credit for the same jail time against two or more sentences. See Lund v. State, 396 So. 2d 255 (Fla. 3d DCA 1981); Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975); Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974). The motion claims entitlement to 109 days of pre-sentence jail time, but the motion does not clearly allege facts as to ex…
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Apelle King v. State, 451 So. 2d 948 (Fla. 3d DCA 1984)…ect that the defendant committed a burglary and a petit theft; and (2) give the defendant credit for any time spent in the county jail prior to the imposition of sentence as required by Section 921.161(1), Florida Statutes (1983). See Lund v. State, 396 So. 2d 255 (Fla. 3d DCA 1981). Affirmed in part and remanded.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Page v. State, 363 So. 2d 621 (Fla. 1st DCA 1978)
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Clay Leonard Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978)
- Beaver v. State, 300 So. 2d 299 (Fla. 2d DCA 1974)
- Baker v. Louie L. Wainwright, 327 So. 2d 8 (Fla. 1976)