FRANK J. BARANKO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant is entitled to a hearing to determine if he remained in jail continuously and, if so, to credit against his sentence for that time.
Appellant was arrested and awaiting disposition of other charges when arrested for new offenses. He alleges he remained in jail continuously until sen…
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SMITH, Chief Judge.
Appellant appeals the denial of his motion to correct sentence. We reverse and remand for further proceedings.
On April 4, 1986, while in jail awaiting disposition of unrelated charges apparently originating from Pasco County, appellant was arrested pursuant to a Bradford County information for introducing contraband into prison and possession. Appellant contends, and the state has not conclusively refuted, that he remained in jail continuously until his sentencing on December 1, 1986. His sentence in the Bradford County case was designated to run concurrent with a sentence imposed in Pasco County. Appellant was not given any jail time credit on his Bradford County sentence. He filed a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(a)1 which the trial court denied.
We find that appellant is entitled to a hearing to determine if he remained in jail continuously from the time of his arrest on April 4, 1986, until his sentencing on December 1, as he alleges, and if so, he is entitled to credit against his Bradford County sentence for the time spent in jail. Daniels v. State, 491 So. 2d 543 (Fla.1986); Keene v. State, 500 So. 2d 592 (Fla. 2nd DCA 1986); and Whitney v. State, 493 So. 2d 1077 (Fla. 1st DCA 1986).
REVERSED and REMANDED for proceedings consistent with this opinion.
MILLS and SHIVERS, JJ., concur. . Contrary to the state’s contention on appeal, appellant is not procedurally barred from seeking relief under rule 3.800(a). See Padgett v. State, 497 So. 2d 724 (Fla. 1st DCA 1986); and Fogelman v. State, 410 So. 2d 564 (Fla. 4th DCA 1982). Compare Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986).
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Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)…ufficient motion to correct illegal sentence. However, the district courts of appeal subscribe to the attachment requirement with respect to rule 3.800(a) proceedings. See, e.g., Ransom v. State, 601 So. 2d 279 (Fla. 1st DCA 1992); Baranko v. State, 516 So. 2d 332, 333 n. 1 (Fla. 1st DCA 1987); Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993); Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993); Hayes v. State, 610 So. 2d 737 (Fla. 2d DCA 1993); Samps…
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Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990)…for 303 days spent in jail. The trial court denied the order on the stated ground that this issue should have been raised during appellant’s direct appeal. A sentence which does not allow for proper credit is an illegal sentence. Baranko v. State, 516 So. 2d 332 (Fla. 1st DCA 1987). Under Rule 3.800, an illegal sentence may be corrected at any time. Because appellant was not precluded from raising this issue by way of a motion under 3.800(a), the trial court erred in denying the motion without consideration…
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Stevens v. State, 651 So. 2d 1298 (Fla. 5th DCA 1995)…d it is well established that credit for jail time can be raised under this rule. See also Daniels v. State, 491 So. 2d 543 (Fla.1986); Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1988) (on mo [*1300] tion for rehearing en bane); Baranko v. State, 516 So. 2d 332 (Fla. 1st DCA 1987). The trial court had jurisdiction to correct appellant’s sentence if appellant did not receive the correct amount of credit for time served prior to sentencing. Appellant contends that because of the discrepancies which exist r…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Whitney v. State, 493 So. 2d 1077 (Fla. 1st DCA 1986)
- Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986)
- Fogelman v. State, 410 So. 2d 564 (Fla. 4th DCA 1982)
- Padgett v. State, 497 So. 2d 724 (Fla. 1st DCA 1986)