JOHNNY JAY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHNNY JAY JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
570 So. 2d 345
Florida District Court of Appeal, Fifth District (1990)
Positive Treatment
Cited by 6 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a denial of a motion filed under 3.800(a), Florida Rules of Criminal Procedure. We reverse the order and remand for a new hearing to have the court give the appellant full credit for all jail time served. Appellant had been given a split sentence; first a term of imprisonment, then probation. He served his incarceration, was placed on probation, violated it and was again put into prison. The sentencing judge failed to give him full credit for time served under the first part of his split sentence. State v. Jones, 327 So. 2d 18 (Fla.1976); Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1988); Freeman v. State, 329 So. 2d 413 (Fla. 4th DCA 1976).
SENTENCE VACATED; REMANDED.
W. SHARP and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)…ncing rather than an administrative function to be accomplished post-serttencing. The Department of Corrections cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So. 2d 345 (Fla. 5th DCA 1990). We affirm the denial of all issues raised in the 3.850 motion except on the issue of the award for jail time served and remand for the purpose of making the award. REVERSED in part; AFFIRMED in part; and REMANDED. GOSHORN,…
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Pearson v. Moore, 767 So. 2d 1235 (Fla. 1st DCA 2000)…be accomplished at sentencing rather than an administrative function to be accomplished post-sentencing. [DOC] cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So. 2d 345 (Fla. 5th DCA 1990). Wilson, 603 So. 2d at 94 (emphasis supplied). Accordingly, the Fifth District remanded for a judicial determination on the issue of jail-time credit in the trial court. The Wilson court made clear that DOC has no authority to a…
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Smith v. State, 677 So. 2d 422 (Fla. 3d DCA 1996)…the revocation order finding that the defendant violated his probation. However, as the State properly concedes, the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So. 2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So. 2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the defendant’s credit for time served and remand to the trial court for a determination of the proper credit for t…
Authorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Martin v. State, 525 So. 2d 901 (Fla. 5th DCA 1987)
- Freeman v. State, 329 So. 2d 413 (Fla. 4th DCA 1976)