DONALD LOUIS MONROE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in summarily denying the claim for jail credit without attaching record portions showing ineligibility.
Appellant sought post-conviction relief, claiming he was denied credit for time served in county jail and for time served in state prison for an unrel…
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MILLS, Judge.
Donald Louis Monroe appeals from the summary denial of his motion for post-conviction relief filed pursuant to Rule 3.850, Fla.R.Crim.P. We affirm in part and reverse in part.
In his motion appellant raised two issues. First, appellant claimed that at his sentencing for violation of probation the trial court erred by not awarding credit for time served in state prison for an offense unrelated to the probation. The trial court found this claim to be legally insufficient on its face and correctly denied relief.
Appellant also claimed that he was not given full credit for time served in county jail prior to sentencing. If his allegations are true, appellant may be entitled to relief under Sapp v. State, 445 So. 2d 1088 (Fla. 1st DCA 1984). However, the trial court summarily denied the motion without attaching portions of the record which conclusively show that appellant is not entitled to relief.
Accordingly, as to this issue, we reverse and remand for the trial court to either attach those portions of the record which establish that appellant is entitled to no relief, or for further proceedings pursuant to Rule 3.850.
SMITH, C.J., and NIMMONS, J., concur.
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Pacheco v. State, 565 So. 2d 832 (Fla. 2d DCA 1990)…t for time served in one jurisdiction while being held for another; Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979); he would not be entitled to credit for jail time attributable solely to an unrelated foreign charge. See, e.g., Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988); Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983). To the extent Pacheco seeks credit for gain time, he asserts only that the present sentence was “imposed after revocation of probation which was part of [a] probationary split…
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Patterson v. State, 815 So. 2d 677 (Fla. 1st DCA 2002)…st DCA 1986), review denied by Whitney v. State, 503 So. 2d 328 (Fla.1987). The appellant is not entitled to jail credit in case number 99-46 for the time spent in D.O.C. on case number 99-31 because the two cases are unrelated. See Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988). Because the appellant appears to be entitled to 148 days of jail credit in case number 99-46, we reverse the summary denial of this claim and remand for the trial court to attach portions of the record which conclusively refute…
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Gildow v. State, 700 So. 2d 769 (Fla. 2d DCA 1997)…s, that he is entitled to that DOC time served after the trial court originally imposed community control. First, that DOC time is on a. wholly unrelated matter for which he was sentenced before being placed on community control. In Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988), the First District held that the defendant was not entitled to credit at his sentencing for violation of probation for time he had served in state prison for an unrelated offense. Second, the DOC time was not time served awaitin…
Authorities Cited
- Sapp v. State, 445 So. 2d 1088 (Fla. 1st DCA 1984)