JONATHAN A. BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Jonathan Bell appeals his habitual offender adjudication and the trial court's calculation of jail time credit. The court affirms his habitual offender conviction but remands for proper application of jail time credit to his life sentence.
The court affirms that the habitual offender statute is constitutional. The court holds that Bell should receive a 60-day jail time credit against the life sentence for the felony in case 89-2951, but need not receive credit for the sentences in case 88-9821, as jail time credit need not be applied to all consecutive sentences but must be applied to one.
[1] A habitual offender statute previously upheld as constitutional remains valid.
[2] Jail time credit must be applied to each concurrent sentence.
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Join FLexlaw to unlock all legal intelligence“The constitutionality of this statute was upheld in King v. State, 557 So.2d 899 (Fla. 5th DCA), rev. denied, 564 So.2d 1086 (Fla.1990).”
Establishes that the habitual offender statute's constitutionality had already been upheld in precedent
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Join FLexlaw to unlock all legal intelligenceBell was convicted of armed robbery and aggravated assault in case 88-9821, adjudged a habitual offender, and sentenced to life imprisonment plus 10 y…
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PETERSON, Judge.
Jonathan A. Bell appeals his adjudication as a habitual offender and the credit given for jail time served by him prior to sentencing. We affirm his adjudication but remand for credit to his sentence of a proper award of jail time credit in accordance with section 921.161, Florida Statutes (1989).
Bell argues that the habitual offender statute, section 775.084, Florida Statutes (1989), is unconstitutional. The constitutionality of this statute was upheld in King v. State, 557 So. 2d 899 (Fla. 5th DCA), rev. denied, 564 So. 2d 1086 (Fla.1990).
Bell also claims that he was not fully credited with jail time in trial court case number 88-9821 in which he was convicted of armed robbery and aggravated assault, adjudged a habitual offender, and sentenced to life imprisonment for the armed robbery and to 10 years for the assault to be served consecutively to the life sentence. Bell was also convicted of armed robbery and simple assault, a misdemean-or, in trial court case number 89-2951. In that case, he was sentenced as a habitual offender to life imprisonment for the robbery with a concurrent sentence of 60 days time served for the misdemeanor assault. The sentence in the latter case was to be served consecutively to the sentence in case number 88-9821. Bell argues that he should also receive a 60-day credit for the armed robbery sentence in case number 89-2951 since the sentences in that case were to be served concurrently.
Credit is applicable to a life sentence for purposes of calculating eligibility for parole. See Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978); Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976); see also Coleman v. State, 326 So. 2d 217 (Fla. 2d DCA 1976). Bell may also become eligible for conditional release under sections 921.-001(11)(e) and 947.1405, Florida Statutes (1989), and credit may affect the calculation of an early release date.
Jail time credit need not be applied to all consecutive sentences but must be applied to one. When a defendant receives concurrent sentences, the credit must be applied to each of the concurrent sentences. See Daniels v. State, 491 So. 2d 543 (Fla.1986). Bell should be allowed credit for 60 days against the life sentence he is serving for the felony in case number 89-2951, but need not be given any credit for the sentences imposed in case number 88-9821. We affirm Bell’s adjudication as a habitual offender but reverse and remand as to the credit given for time served. AFFIRMED in part; REVERSED in part and REMANDED for proper award of credit.
DAUKSCH and W. SHARP, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)…t to section 921.161(1), a defendant receives presentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.” (Emphasis in original). See also Bell v. State, 573 So. 2d 10, 11 (Fla. 5th DCA 1990) (holding that “[w]hen a defendant receives concurrent sentences, the credit must be applied to each of the concurrent sentences”). However, as noted in Harris v. State, 557 So. 2d 198 (Fla. 2d DCA 1990), concurrent sentences…
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Barnishin v. State, 927 So. 2d 68 (Fla. 1st DCA 2006)…en credit on each sentence for the full time he spends in jail awaiting disposition.’ ” Daniels v. State, 491 So. 2d 543, 545 (Fla.1986) (emphasis omitted) (quoting Martin v. State, 452 So. 2d 938, 938-39 (Fla. 2d DCA 1984)). See also Bell v. State, 573 So. 2d 10, 11 (Fla. 5th DCA 1990). On the other hand, when a defendant is entitled to pre-sentence jail-time credit against concurrent sentences, jail time must be credited against each concurrent sentence. See Daniels, 491 So. 2d at 545. When sentences are i…
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Jones v. State, 633 So. 2d 482 (Fla. 1st DCA 1994)…e same rules govern credit for such jail time and prison time, with any difference in the rules depending on whether the subsequent offenses are concurrent or consecutive. See, e.g., Knight v. State, 517 So. 2d 87 (Fla. 1st DCA 1987); Bell v. State, 573 So. 2d 10 (Fla. 5th DCA 1990); Hipp v. State, 509 So. 2d 1208 (Fla. 4th DCA 1987); Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986). Contrary to the state’s contention, credit for time served in prison on a sentence is treated differently from time served i…
Previewing 3 of 12 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)
- Caracciolo v. State, 557 So. 2d 899 (Fla. 4th DCA 1990)
- Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976)
- Hershell Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978)
- Coleman v. State, 326 So. 2d 217 (Fla. 2d DCA 1976)