JAMES DALE FRIZZELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to credit for jail time served as a condition of original probation when probation is revoked.
Appellant pleaded nolo contendere to forgery and received probation with an eight-month jail condition. His probation was revoked for violations, and …
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HALL, Judge.
Appellant James Dale Frizzell challenges a lower court sentence which failed to allow credit for time served as a condition of his original probation. We reverse.
Appellant entered a plea of nolo conten-dere to the charge of forgery. He received probation, a condition of which stipulated eight months in jail. His probation was revoked upon violations of its conditions, and the trial court entered judgment and sentence without allowing appellant credit for the total amount of time served. Appellant correctly contends that the trial court erroneously denied his motion to correct sentence.
Appellant was entitled to credit for jail time served as a condition of his original probation. Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984); Meintzner v. State, 399 So. 2d 133 (Fla. 5th ECA 1981); Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979).
Inasmuch as the amount of time actually served by appellant since his original arrest is unclear from a review of the record, the trial court should verify the time served. At resentencing, the court must give appellant credit for all jail time previously served.
REVERSED and REMANDED with instructions.
GRIMES, A.C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)…th DCA 1984); Spurlock v. State, 449 So. 2d 973 (Fla. 5th [*903] DCA 1984), rev. denied, 466 So. 2d 212 (Fla.1985); Whitchard v. State, 459 So. 2d 439 (Fla. 3d DCA 1984); Kirkman v. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985); Frizzell v. State, 473 So. 2d 290 (Fla. 2d DCA 1985); Pendergrass v. State, 487 So. 2d 35 (Fla. 4th DCA 1986); Everett v. State, 492 So. 2d 861 (Fla. 5th DCA 1986); Deel v. State, 508 So. 2d 527 (Fla. 5th DCA 1987); Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987). . Sometimes t…
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Arnaldo Tomas Gonzalez v. State, 678 So. 2d 433 (Fla. 3d DCA 1996)…s probation and is then sentenced to prison he is entitled to credit against his prison sentence for the time served in the county jail as a condition of probation.” See also Robinson v. State, 502 So. 2d 1306 (Fla. 1st DCA 1987); Frizzell v. State, 473 So. 2d 290 (Fla. 2d DCA 1985); Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984). Consequently, the order appealed is reversed and the cause remanded for the court to credit the defendant for the 43 days he served in the county jail as a condition of his com…
Authorities Cited
- Meintzer v. State, 399 So. 2d 133 (Fla. 5th DCA 1981)
- Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979)
- Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984)