WENDELL DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed probation revocation but remanded for trial court to award defendant credit for time served in county jail as required by Miller v. State.
A sentencing judge must award a defendant credit for all time spent in jail between arrest and sentencing, even when the defendant was held on multiple charges.
[1] A sentencing judge must award a defendant credit for all time spent in county jail between arrest and sentencing, even when the defendant was held to answer for multiple…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a defendant is held in jail to answer for multiple charges or cases, the first sentencing judge who sentences him to jail or to the state prison shall give him credit on the sentence or sentences in that case for all time spent in jail between the date of his arrest in that case and the date of such sentence even though the defendant may have also been held to answer for other charges during some or all of such time.”
The court quoted Miller v. State to establish the mandatory procedure for awarding jail-time credit at sentencing.
Defendant Davis had his probation revoked and was sentenced; the trial court failed to award him credit for time served in county jail prior to senten…
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PER CURIAM.
This appeal stems from an order revoking the defendant’s probation. We have reviewed the record in this respect and find no error. It appears, however, that in pronouncing sentence, the trial court failed to award the defendant credit for time served in the county jail. As the First District stated in Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974):
When a defendant is held in jail to answer for multiple charges or cases, the first sentencing judge who sentences him to jail or to the state prison shall give him credit on the sentence or sentences in that case for all time spent in jail between the date of his arrest in that case and the date of such sentence even though the defendant may have also been held to answer for other charges during some or all of such time.
Miller, 297 So. 2d at 38.
Accordingly, we remand this case to allow the trial court to comply with the procedure in Miller and to properly credit the defendant’s sentence. In so doing, the court should also specify the exact dates of the defendant’s incarceration on the various charges for the purpose of developing an adequate record in the event further review becomes necessary. In all other respects, the order being appealed is affirmed.
REMANDED WITH INSTRUCTIONS.
GLICKSTEIN, HURLEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 88 So. 3d 1055 (Fla. 4th DCA 2012)…endant must be given jail credit only on the first of the consecutive sentences.” Ransone v. State, 20 So. 3d 445, 448-49 (Fla. 4th DCA 2009). This is so even if the defendant is held on other charges during some or all of that time. Davis v. State, 473 So. 2d 46, 46 (Fla. 4th DCA 1985) (citing Miller v. State, 297 So. 2d 36, 38 (Fla. 1st DCA 1974)). The records attached to the motion reflect that Davis served 1,0501 days in jail for the underlying offense, the instant violation of probation, and previous v…
Authorities Cited
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)