LARRY OSTEEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to credit for all time spent incarcerated in foreign jails while held on a detainer for the state.
Osteen was incarcerated in Alabama from July 20, 1974, to August 14, 1975, while fighting extradition to Florida on a murder charge. He was then trans…
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HOBSON, Acting Chief Judge.
In connection with a Florida murder charge, Larry Osteen was held in detainer in Mobile, Alabama fighting extradition. He was confined there from July 20, 1974 until August 14, 1975, when he was transported to the Pinellas County jail.
The record contains an affidavit from Osteen’s Alabama attorney stating that, while fighting extradition to Florida, appellant was continuously incarcerated in the Mobile jails before being turned over to the Florida authorities. Osteen now challenges the trial court’s partial denial of his pro se motion for correction of sentence. The or der below gave credit only for time served in the Pinellas County jail.
This court recently held that where properly documented, credit should be given for all time spent in foreign jails. Zulla, v. State, 404 So. 2d 202 (Fla.2d DCA 1981). Therefore, appellant was entitled to credit for all time spent in jail in Alabama while he was held on detainer for Florida.
We remand to the trial court for resentencing, with instructions that if necessary, an evidentiary hearing be conducted to resolve any challenge raised to the validity of the Alabama affidavit.
BOARDMAN and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983)…o. 2d 657 (Fla. 1st DCA 1982). Appellant was deprived of his freedom during the time he was in the federal prison in Alabama because of his federal charges and not because of Florida charges, detainers or warrants as was the case in Osteen v. State, 406 So. 2d 1239 (Fla. 2d DCA 1981), and Zalla v. State, 404 So. 2d 202 (Fla. 2d DCA 1981). AFFIRMED. ORFINGER, C.J., and DAUKSCH, J., concur.…
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Steele v. Wainwright, 419 So. 2d 657 (Fla. 1st DCA 1982)…state of Florida was required to initiate extradition proceedings, a costly and time-consuming process. Nevertheless, I would recede from this court’s decision in Kurlin and follow the Second District Court of Appeal’s decisions in Osteen v. State, 406 So. 2d 1239 (Fla. 2nd DCA 1981), and Zulla v. State, 404 So. 2d 202, 203 (Fla. 2nd DCA 1981), both of which held that criminal defendants are entitled to credit on Florida sentences for time spent in jail in other states, pursuant to Florida detainers or warran…
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Rehfuss v. State, 432 So. 2d 639 (Fla. 4th DCA 1983)…rcerated in Georgia pursuant to the Florida warrant or detainer, that time being January 25, 1982, through March 17, 1982. Zulla v. State, 404 So. 2d 202, 203 (Fla. 2d DCA 1981); Jimenez v. State, 421 So. 2d 192 (Fla. 4th DCA 1982); Osteen v. State, 406 So. 2d 1239 (Fla. 2d DCA 1981); contra, Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974). Reversed and remanded with instructions. LETTS, C.J., and BERANEK and WALDEN, JJ., concur.…
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- Zulla v. State, 404 So. 2d 202 (Fla. 2d DCA 1981)