OSCAR BLACKWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly retained jurisdiction over sentences and failed to provide jail time credit on a concurrent sentence.
[1] A trial court improperly retains jurisdiction over one-third of each sentence imposed when the statute limits retention to one-third of the total consecutive sentences.
[2] A trial court must provide jail time credit on a concurrent sentence when such credit was applied to the sentence it is to run concurrently with.
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Join FLexlaw to unlock all legal intelligenceOscar Blackwell was convicted of multiple offenses and sentenced. The trial court retained jurisdiction over one-third of each sentence and failed to …
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RYDER, Acting Chief Judge.
Oscar Blackwell appeals from his convictions and sentences for three counts of attempted armed robbery, one count of conspiracy to commit armed robbery, one count of carrying a concealed firearm, and one count of felon in possession of a firearm. Several issues have been raised in this appeal. We find that the trial court improperly retained jurisdiction over one-third of each sentence imposed, and mistakenly failed to provide jail time credit on one of the sentences imposed. In all other respects, we affirm.
The trial court entered various sentences and retained jurisdiction over Blackwell for one-third of each sentence. This was improper under section 947.16(3), Florida Statutes (1981), which limits the jurisdiction which the trial court may retain over Blackwell to one-third of the total consecutive sentences imposed. We therefore strike the various provisions of retention of jurisdiction and remand this case for reconsideration of the period of retention in accordance with section 947.16(3), Florida Statutes (1981). See Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983); Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983).
We also strike the retention of jurisdiction over one-third of the sentence imposed for Blackwell’s conviction as a felon in possession of a firearm. § 947.16(3), Fla.Stat. (1981). See Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984).
The trial court ordered that Blackwell’s sentence for felon in possession of a firearm run concurrent with his sentence for one count of attempted armed robbery. The trial court allowed Blackwell 319 days of jail time credit on the sentence for attempted armed robbery, but did not allow jail time credit on the concurrent sentence for felon in possession of a firearm. Not allowing jail time credit on the concurrent sentence was improper. Martin v. State. Upon remand, the trial court shall correct Blackwell’s sentence for felon in possession of a firearm to reflect 319 days jail time credit as to that sentence.
AFFIRMED in part, REVERSED in part, and REMANDED with instructions.
SCHOONOVER and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Whitney v. State, 493 So. 2d 1077 (Fla. 1st DCA 1986)…currently, with jail-time credit ranging from 43 to 128 days. The defendant argued on appeal from these sentences that she should receive 128 days credit on all charges under Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984) and Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984). In affirming the sentences as imposed, the Yohn court distinguished those cases in that they involved credit against concurrent sentences resulting from incarceration on multiple charges. In Yohn, on the other hand, the defendant…
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Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984)…each sentence. Shepard’s contention finds support in recent decisions of the First and Second District Courts of Appeal. Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984); Nedd v. Wainwright, 449 So. 2d 982 (Fla. 1st DCA 1984); Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984). In each of those decisions our sister courts held that it was error for the trial court to award jail time credit on only one of two or more concurrent sentences and that full jail time should be credited to each of the sentences…
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Yohn v. State, 461 So. 2d 263 (Fla. 2d DCA 1984)…cing guidelines.” Finally, we note that the trial court applied a credit ranging from forty-three to 128 days against each of the defendant’s sentences for the time she spent in county jail before sentencing. Defendant relies on Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984), and Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984), in arguing that the court should have awarded the maximum credit of 128 days against each sentence, since they were all to run concurrently. Contrary to the state’s position…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984)
- Adams v. State, 435 So. 2d 953 (Fla. 2d DCA 1983)
- Wicker v. State, 438 So. 2d 399 (Fla. 2d DCA 1983)