MICHAEL ROBERT KRONZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is not entitled to credit on a Florida sentence for time incarcerated in an out-of-state jail, absent specific statutory construction.
Defendant sought credit for time spent in a South Carolina jail while awaiting extradition for a Florida escape charge. The trial court denied the mot…
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THOMPSON, Judge.
Defendant appeals an order denying his motion to correct sentence. We affirm and certify conflict to the Florida Supreme Court.
Defendant pleaded guilty to the charge of escape, was adjudicated guilty of the December 28, 1979 escape, and was sentenced to one year with credit for 27 days jail time. Defendant subsequently requested amendment of his judgment and sen1 tence to reflect credit for the period March 2, 1982 to May 23, 1982, the period during which he was held in a South Carolina jail on a fugitive warrant for the Florida escape charge and during which he unsuccessfully attempted to block extradition. The trial court denied this motion based on Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974).
In Kurlin this court declined to construe § 921.161(1), Florida Statutes, which requires credit for time spent in county jail prior to sentencing, as applicable to periods of time a defendant is incarcerated in other states. Although we affirm the denial of defendant’s motion to correct sentence, relying on Kurlin, we certify that Kurlin conflicts with Zulla v. State, 404 So. 2d 202 (Fla. 2d DCA 1981), and Rehfuss v. State, 432 So. 2d 639 (Fla. 4th DCA 1982) on the issue of whether a defendant is entitled to credit on a Florida sentence for time incarcerated in an out-of-state jail pursuant to a Florida detainer or warrant.
ERVIN, C.J., and NIMMONS, J., concur.
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Cited By (22 total)
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Kronz v. State, 462 So. 2d 450 (Fla. 1985)…OVERTON, Justice. This is a petition to review a decision of the First District Court of Appeal reported as Kronz v. State, 440 So. 2d 49 (Fla. 1st DCA 1983), in which the district court certified direct conflict with Rehfuss v. State, 432 So. 2d 639 (Fla. 4th DCA 1983), and Zulla v. State, 404 So. 2d 202 (Fla. 2d DCA [*451] 1981). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.…
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Kirkland v. Harold Pratt Paving, Inc., 518 So. 2d 1320 (Fla. 1st DCA 1987)…care that is ultimately found to be reasonable and necessary. Ocean Manor Resort Hotel v. Garbalosa, 512 So. 2d 256 (Fla. 1st DCA 1987); Gust K. Newberg Construction Co. v. Warren, 449 So. 2d 934 (Fla. 1st DCA 1984); Sears, Roebuck and Co. v. Viera, 440 So. 2d 49 (Fla. 1st DCA 1983). The deputy commissioner did not find that Dr. Frey’s services were not reasonably and medically necessary.4 Rather, he disallowed Dr. Frey’s bills on the ground that the communications to Mr. Pratt and his secretary were legall…
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Alfreda Jackson v. Publix Supermarkets, Inc., 520 So. 2d 50 (Fla. 1st DCA 1987)…ted to either provide chiropractic authorization or obtain a ruling from the deputy that such alternative care was not in claimant’s best interest. See Bradley Construction v. White, 457 So. 2d 547 (Fla. 1st DCA 1984); Sears, Roebuck & Co. v. Viera, 440 So. 2d 49 (Fla. 1st DCA 1983). Employer/carrier’s failure to comply with this obligation would render them responsible pursuant to section 440.13(2), Florida Statutes, for the unauthorized chiropractic treatment if it is determined to be reasonable and necess…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Zulla v. State, 404 So. 2d 202 (Fla. 2d DCA 1981)
- Schubert v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)
- Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974)
- Maralanda v. State, 432 So. 2d 639 (Fla. 4th DCA 1983)