TROY G. SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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COWART, Judge.
Appellant, in a Florida county jail awaiting trial on a state criminal charge, was, pursuant to a federal writ of habeas corpus ad prosequendum, released to and held by, federal authorities in a federal prison in another state. After disposition of the federal charges appellant was returned to the custody of the State of Florida. When later sentenced on the state criminal charges appellant was credited for all of the time he actually spent in the county jail before sentencing. He appeals the denial of credit on his state sentence for the time he was in the federal prison. Section 921.161(1), Fla.Stat. (1981), requiring credit against a sentence for pre-sentence county jail time does not apply to time spent in jail in other states. Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974). See also Steele v. Wainwright, 419 So. 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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Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)…tale, 566 So. 2d 1343 (Fla. 3d DCA 1990). When a prisoner is incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state. See Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983). With the above principles in mind, we hold that Hopping was not entitled to credit against the Suwannee County sentence for time served while incarcerated in Indiana on unrelated charges, and that the trial court properly cred…
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Dewitt v. State, 818 So. 2d 692 (Fla. 5th DCA 2002)…ced.” When a prisoner is incarcerated in another state on charges unrelated to a Florida charge, that prisoner is not entitled to credit for time served in the other state. Hopping v. State, 650 So. 2d 1087 (Fla. 1st DCA 1995) (citing Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983)). Since there is no suggestion that DeWitt is seeking credit for time served in Illinois solely because of the Florida offense, the sentence is AFFIRMED. SAWAYA and ORFINGER, R.B., JJ., concur.…
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Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990)…eld for another; Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979); he would not be entitled to credit for jail time attributable solely to an unrelated foreign charge. See, e.g., Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988); Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983). To the extent Pacheco seeks credit for gain time, he asserts only that the present sentence was “imposed after revocation of probation which was part of [a] probationary split sentence.” Neither specific dates nor a precise am…
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
- 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)
- Osteen v. State, 406 So. 2d 1239 (Fla. 2d DCA 1981)
- Steele v. Wainwright, 419 So. 2d 657 (Fla. 1st DCA 1982)