CARLOS HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Hernandez challenged his probation revocation sentence for insufficient jail-time credit. The court affirmed his conviction but remanded for resentencing to ensure he received full statutory credit for all time served in custody.
The court affirmed the judgment of probation revocation and conviction but reversed and remanded the sentence because the trial court must provide credit for all time previously served in jail, and the record did not clearly show whether Hernandez received such credit.
[1] A court imposing a sentence must allow a defendant credit for all time spent in county jail before sentencing, and this credit must be for a specified period of time and…
[2] After revocation of probation, a court may impose any sentence that could have been originally imposed but must credit the defendant with all time previously served in ja…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all the time he spent in the county jail before sentence.”
Establishes the mandatory statutory requirement for jail-time credit in sentencing.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHernandez was sentenced to 13 months imprisonment with credit for only 15 days previously served after probation revocation on a third-degree felony c…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Time Served cases and more on FLexlaw
[*810] SHARP, Judge.
Appellant appeals from a criminal judgment and sentence imposed after the revocation of his probation. We affirm the judgment but remand the case for correction of the sentence.
Hernandez argues that he was not given full credit for the time he previously served in jail. The written sentence committed him to a term of “13 months imprisonment with credit for 15 days previously served.” The trial judge commented during the sentencing proceeding that appellant was to be imprisoned for 13 months with credit for any time spent in jail related to appellant’s second of two probation violation hearings:
I’m not giving you credit on all of the other time that you spent in jail, because I’m not sentencing you to the full 5 years that you could get.
Section 921.161(1), Florida Statutes (1979) provides the following:
A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all the time he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.
After revocation of probation the court may impose any sentence which might have been originally imposed but must credit the defendant with all time previously served in jail, including that time served as a condition of probation. Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978).1
The record does not indicate how many days appellant served related to the two probation violations, and it is not clear whether the trial judge gave appellant full credit. Therefore this case is remanded to the trial court for correction of sentencing in accordance with section 921.161(1), Florida Statutes (1979). Kreiser v. State, 380 So. 2d 455 (Fla. 5th DCA 1980).
JUDGMENT AFFIRMED, SENTENCE REVERSED AND REMANDED.
ORFINGER and COBB, JJ., concur. . Appellant was adjudicated guilty of a third degree felony, obtaining property by worthless check for $50 or more. The maximum prison sentence which might have been imposed in this case is five years. § 775.082(2)(d), Fla. Stat. (1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)…on 775.082(3)(c), Florida Statutes (1979), for a violation of section 893.13(l)(a)l, Florida Statutes (1979), the second degree felony to which appellant originally pled guilty. However, credit cannot be given in this manner, see Hernandez v. State, 396 So. 2d 809 (Fla. 5th DCA 1981), because it causes a problem when, as here, an appellant con [*135] tends that he did not receive the credit to which he is entitled under the sentencing statute and we cannot determine from the record before us whether his conte…
-
Crosby v. State, 487 So. 2d 416 (Fla. 2d DCA 1986)…, Fla. Stat. (1983); State v. Jones, 327 So. 2d 18 (Fla.1976); Kirkman v. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985); Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984); Dickerson v. State, 427 So. 2d 205 (Fla. 2d DCA 1983); Hernandez v. State, 396 So. 2d 809 (Fla. 5th DCA 1981); Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979). Accordingly, we reverse the sentences as construed and remand with directions to [*419] correct appellant’s sentences in accordance with what we have said. SCHOONOVER and FRANK…
-
Lavrich v. State, 633 So. 2d 1177 (Fla. 4th DCA 1994)…(Fla. 2nd DCA 1984) (where reviewing court [*1179] could not tell how the sentencing court arrived at its conclusion to allow 164 days credit for time served, it reversed and remanded for further consideration of the issue); and Hernandez v. State, 396 So. 2d 809 (Fla. 5th DCA 1981) (since the record did not indicate how much time the defendant served related to the two probation violations and it was not clear whether the trial judge gave the defendant full credit, the fifth district remanded to the trial c…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lavonia Dewitt Hutchinson v. State, 360 So. 2d 1160 (Fla. 1st DCA 1978)
- Kreiser v. State, 380 So. 2d 455 (Fla. 5th DCA 1980)