CHARLES POLK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*389] WENTWORTH, Judge.
After appellant’s probation was revoked, he was sentenced to two years’ imprisonment. The only error raised in this appeal is the failure of the trial judge to allow 87 days of credit for time already spent in jail as required by § 921.161, Florida Statutes. The state does not contest the fact of the alleged error, only the method by which it is raised.
Although a sentencing error may be remedied by the trial court pursuant to a Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief, it may also be raised by way of direct appeal. See Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981); Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981). Therefore, the cause is remanded with directions that the trial court give appellant the appropriate jail time credit on his sentence.
BOOTH and WIGGINTON, JJ., concur.
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Cited By (15 total)
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Walker v. State, 579 So. 2d 348 (Fla. 1st DCA 1991)…nterest forget their other obligation of candor toward the tribunal. See Rule 4-3.3(a)(3), Rules Regulating The Florida Bar. . We have previously held that the issue of denial of credit for time served can be raised on direct appeal. Polk v. State, 418 So. 2d 388 (Fla. 1st DCA 1982).…
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Yohn v. State, 461 So. 2d 263 (Fla. 2d DCA 1984)…ncurrently. Contrary to the state’s position, defendant can raise this point on direct appeal and is not limited to seeking correction through a motion for post-conviction relief under Florida Rule of Crimi [*265] nal Procedure 3.850. Polk v. State, 418 So. 2d 388 (Fla. 1st DCA 1982). Nevertheless, defendant’s reliance on Blackwell and Martin is misplaced. Those cases are distinguishable in that each involved credit time against concurrent sentences resulting from incarceration on multiple charges. Here, howe…
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Chaplin v. State, 473 So. 2d 842 (Fla. 1st DCA 1985)…or may be raised by way of direct appeal, the courts have nevertheless allowed it to be remedied in post-conviction proceedings under Rule 3.850, Florida Rules of Criminal Procedure. James v. State, 443 So. 2d 510 (Fla. 1st DCA 1984); Polk v. State, 418 So. 2d 388 (Fla. 1st DCA 1982). Here, since the state has conceded error, it would serve no purpose to remand for an evidentiary hearing. However, we decline to order that appellant’s sentence be corrected so as to fall within the sentencing guidelines range…
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- Gonzalez v. State, 392 So. 2d 334 (Fla. 3d DCA 1981)
- Calhoun v. State, 403 So. 2d 1082 (Fla. 1st DCA 1981)