MELVIN EUGENE DANIELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred by not applying credit for time served to the defendant's twenty-two year sentence because it was concurrent with another sentence.
The defendant was convicted of several offenses and was on probation for a prior burglary. The trial court revoked probation and sentenced him to one …
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PER CURIAM.
Melvin Eugene Daniels was convicted and sentenced for several criminal offenses. He raises a number of points on appeal which we have duly considered. With the exception of his sentencing, we find that none of Daniels’ grievances are sufficient to merit reversal.
At the time of his arrest on the instant charges, Daniels was on probation for burglary of a structure in Case No. 82-11172. Upon being found guilty in the instant case, the trial court revoked Daniels’ probation in Case No. 82-11172 and sentenced him to serve one year on that account. However, as to that one year sentence, the trial court gave Daniels credit for the time he had already served on that particular charge, plus credit for the time he had served in jail awaiting trial in the instant case. The trial court sentenced Daniels to serve twenty-two years for the convictions in the instant case which sentence was to be concurrent with the one year sentence in Case No. 82-11172. However (and this is the sentencing error), the trial court did not give or apply the above-mentioned credit for time already served to the twenty-two year sentence in the instant case. We hold that it was error not to do so because the sentences were concurrent. Kinney v. State, 458 So. 2d 1191 (Fla. 2d DCA 1984); Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984); and Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984). Contra Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984).
We reverse and remand for resentencing in accordance herewith. It is not necessary for Daniels to be present.
Affirmed in part; reversed in part; and remanded for further proceedings consistent herewith.
HURLEY, WALDEN and BARKETT, JJ., concur.
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Davenport v. State, 664 So. 2d 323 (Fla. 1st DCA 1995)…491 So. 2d at 544. After revocation of probation and conviction of the new offenses, Daniels received a one-year sentence for the offense for which he had been on probation, and concurrent sentences for the new offenses. Approving Daniels v. State, 477 So. 2d 1 (Fla. 4th DCA 1985), our supreme court held that when a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served. Daniels, 491 So.…
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Vasquez v. State, 478 So. 2d 76 (Fla. 1st DCA 1985)…f Appeal agree that a defendant’s jail time credit should be applied in full to each of his concurrent sentences. See Nedd v. Wainwright, 449 So. 2d 982 (Fla. 1st DCA 1984); Prentice v. State, 469 So. 2d 798 (Fla. 2d DCA 1985); and Daniels v. State, 477 So. 2d 1 (Fla. 4th DCA 1985). Accordingly, the case is REVERSED and REMANDED for resentenc-ing in accordance with this opinion. SMITH, J., concurs. MILLS, J., specially concurs.…
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Robinson v. State, 482 So. 2d 478 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. State v. Barber, 301 So. 2d 7 (Fla.1974). See Bryant v. State, 477 So. 2d 1 (Fla. 3d DCA 1985).…
Authorities Cited
- Martin v. State, 452 So. 2d 938 (Fla. 2d DCA 1984)
- Shepard v. State, 459 So. 2d 460 (Fla. 3d DCA 1984)
- Blackwell v. State, 449 So. 2d 1296 (Fla. 2d DCA 1984)
- Kinney v. State, 458 So. 2d 1191 (Fla. 2d DCA 1984)