ROBERT CRAIG JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-07-31
No. 91-01454
Danahy, A.C.J., Frank, J., Altenbernd, J.
582 So. 2d 1254 Florida District Court of Appeal, Second District (1991)

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Synopsis

Appellant Johnson is entitled to jail time credit from his arrest on January 8, 1990, through his sentencing on March 22, 1990, for an escape conviction, unless such credit has already been applied to another sentence.


Holding

A defendant arrested for a charge is entitled to jail time credit from the date of arrest through sentencing unless the credit has been applied to another sentence.


Headnotes

[1] A defendant is entitled to jail time credit from arrest through sentencing for the charged offense unless such credit has already been applied to another sentence.

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Facts & Procedural History

Johnson was arrested on January 8, 1990, in Pinellas County for an escape charge arising in Polk County. He was transferred to Polk County jail on Mar…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Robert Craig Johnson appeals the denial of a motion for jail time credit. The attachments to the trial court’s order reveal that Johnson was arrested on January 8, 1990, in Pinellas County for the present Polk County charge of escape, as well as a charge that arose in Pinellas County.

On March 15, 1990, he was transferred to the Polk County jail to await sentencing. Although the Pinellas County charge was dropped on February 22, 1990, Johnson remained in jail, either in Pinellas or Polk County, for the Polk County escape charge until he was sentenced on March 22, 1990. Unless this jail time credit has been applied to any other sentence Johnson is presently serving, he is entitled to credit against his sentence for the escape conviction from the time he was initially arrested for the Polk County charge on January 8, 1990, until he was sentenced on March 22, 1990. See Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986).

Because the attachments to the trial court’s denial do not conclusively refute Johnson’s allegation, we reverse and remand for further proceedings consistent with this opinion. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain appellate review.

DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.


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