PAMELA MARCEL KEMP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Credit For Jail Time Served cases and more on FLexlaw
SHARP, Chief Judge.
The trial court adjudicated Kemp guilty of two counts of felony retail theft 1, placing her on five years’ probation with the condition that she serve 51 weeks in the county jail. Kemp argues that the trial court erred in refusing to credit her pursuant to sections 921.187(l)(e) and 922.051 Florida Statutes (1987) for the 98 days she had served in county jail prior to sentencing, which would result in her overall sentence exceeding the recommended guideline sentence of any nonstate prison sanction. We agree.
This case is controlled by Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988). Therefore, we quash the sentence insofar as it denies credit to Kemp for the 98 days’ jail time, and remand the case to the trial court with directions to allow credit for such time.
SENTENCE QUASHED; REMANDED.
DAUKSCH and COBB, JJ., concur. . § 812.014(2)(c), Fla.Stat. (1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Willis v. State, 543 So. 2d 343 (Fla. 1st DCA 1989)…essed entitlement to gain time, it has been construed to also require credit for jail time when a period of incarceration is imposed as a condition of probation. See Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988); see also, e.g., Kemp v. State, 526 So. 2d 214 (Fla. 5th DCA 1988); Meyers v. State, 524 So. 2d 745 (Fla. 5th DCA 1988). We likewise adopt this reasoning, and determine that appellant’s jail time should have been credited against the period of incarceration which was imposed as a condition of hi…
-
Sylvester v. State, 529 So. 2d 809 (Fla. 5th DCA 1988)…il prior to adjudication, but declined to grant him jail time credit. To the extent that the order of probation denies such credit, we reverse and remand with directions to allow the defendant credit for 46 days served in county jail. Kemp v. State, 526 So. 2d 214 (Fla. 5th DCA 1988); Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988). REVERSED and REMANDED. ORFINGER, COBB and COWART, JJ., concur.…
-
Greer v. State, 605 So. 2d 178 (Fla. 5th DCA 1992)…ondition of community control. SENTENCED VACATED; CAUSE REMANDED. COBB, COWART and DIAMANTIS, JJ., concur. . See Willis v. State, 543 So. 2d 343 (Fla. 1st DCA 1989). See also Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988), Kemp v. State, 526 So. 2d 214 (Fla. 5th DCA 1988); Meyers v. State, 524 So. 2d 745 (Fla. 5th DCA 1988) (all holding that defendant is entitled to credit for time served in jail awaiting his trial and disposition as against jail term imposed as condition of probation).…
Authorities Cited
- Griner v. State, 523 So. 2d 789 (Fla. 5th DCA 1988)