ANTHONY SMALL, JR.
v.
STATE OF FLORIDA
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When a defendant is convicted of multiple offenses and sentenced to consecutive terms of imprisonment, all presentence jail credit must be awarded only to the first of the consecutive sentences, not split among the counts. The trial court erred in awarding 105 days of credit to count one and 365 days to count two when the defendant was entitled to 470 days total credit on count one alone.
[1] When a defendant is convicted of multiple offenses and sentenced to consecutive terms of imprisonment, all presentence jail credit must be awarded only on the first of th…
[2] A sentence that applies jail credit to each consecutive sentence is not a valid sentence and constitutes reversible error requiring correction on remand.
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Join FLexlaw to unlock all legal intelligence“a defendant who is convicted of multiple offenses and sentenced to consecutive terms of imprisonment must be given presentence jail credit only on the first of the consecutive sentences.”
Establishes the controlling legal principle that jail credit for pre-sentence time served applies only to the first consecutive sentence, not to subsequent consecutive sentences.
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Join FLexlaw to unlock all legal intelligenceAnthony Small, Jr. was sentenced in case number 432023CF000829A to 60 months in prison for count one (possession of a substituted cathinone) and 365 d…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
ANTHONY SMALL, JR., Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 4D2025-3217
[April1, 2026]
Appeal of order denying rule 3.801 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William Loy Roby, Judge; L.T. Case Nos. 432023000829CFAXMX, 432023001108CFAXMX, and 432024000047CFAXMX.
Anthony Small, Jr., Milton, pro se.
James Uthmeier, Attorney General, Tallahassee, and Sabina Fernandez, Assistant Attorney General, West Palm Beach, for appellee.
ON CONFESSION OF ERROR
PER CURIAM.
Defendant, Anthony Small, Jr., appeals a trial court's order on his Florida Rule of Criminal Procedure 3.801 motion for correction of jail credit. We find error as to only one of the three sentences at issue below.1
The State conceded error below, asserting that the trial court should have awarded Defendant 470 days' credit on count one.2 Dep't of Corrs., 967 So. 2d 412, 415-16 (Fla. 1st DCA 2007) (“[A] defendant who is convicted of multiple offenses and sentenced to consecutive terms of imprisonment must be given presentence jail credit only on the first of the consecutive sentences.”) (emphasis added) (citations omitted); Steadman v. State, 23 So. 3d 811, 813 (Fla. 2d DCA 2009) (determining that a defendant who receives consecutive sentences “must be given presentence jail credit only on the first of the consecutive sentences”) (emphasis added) (citations omitted); Kopson v. State, 162 So. 3d 93, 96 (Fla. 4th DCA 2014) (acknowledging that a sentence applying jail credit to each consecutive sentence is not a valid sentence, rather, jail credit must be awarded to only the first of consecutive sentences).
Accordingly, we reverse and remand for correction of jail credit as to case number 432023CF000829A to reflect 470 days of credit on count one.
Affirmed in part, reversed in part and remanded.
MAY, FORST and KLINGENSMITH, JJ., concur. * * *
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Canete v. Fla. Dep't OF Corr., 967 So. 2d 412 (Fla. 1st DCA 2007)
- Steadman v. State, 23 So. 3d 811 (Fla. 2d DCA 2009)