HUGH BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Sentencing errors regarding credit for time served can be raised on direct appeal, not solely through a Rule 3.800 motion.
Appellant was convicted of multiple felonies, had one conviction reduced on appeal, and was resentenced. The trial court failed to provide credit for …
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PER CURIAM.
Appellant appeals a sentence entered on remand from this court. The sole issue on appeal is whether the trial court erred in its determination of credit for time served.
Appellant was initially convicted of one count of attempted first degree murder, two counts of armed robbery, two counts of aggravated assault, and three counts of use of a firearm during the commission of a felony. On appeal, this court reduced the attempted murder conviction to attempted second degree murder and remanded the case for resentencing. Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990). On remand, the trial court resen-tenced appellant but failed to give him credit for additional time served between the imposition of the first and second sentences. A provision of credit for time served must be specific and include credit for all time served. Rushing v. State, 355 So. 2d 501 (Fla. 2d DCA 1978).
The state submits that any error regarding credit for time served should be corrected but argues that such an error must first be raised pursuant to a Florida Rule of Criminal Procedure 3.800 motion. We disagree. Sentencing errors may be raised by direct appeal. Polk v. State, 418 So. 2d 388 (Fla. 1st DCA 1982).
Accordingly, the cause is remanded to allow the trial court to resentence appellant, with provision for appropriate credit for time already spent in jail.
SHIVERS, ZEHMER and KAHN, JJ., concur.
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Kitchen v. State, 20 So. 3d 975 (Fla. 4th DCA 2009)…encing, and awarding “all DOC credit” does not include the county jail time. The state concedes that a prisoner is entitled to credit for jail time spent prior to resentencing. See Smith v. State, 691 So. 2d 606 (Fla. 4th DCA 1997); Brown v. State, 584 So. 2d 209 (Fla. 1st DCA 1991); Franklin v. State, 515 So. 2d 400, 401 (Fla. 1st DCA 1987). In accordance with the statute, the trial court must specifically [*977] state that time in the sentence. The trial court’s mere reference to ALL DOC CREDIT does not in…
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Colbert v. State, 646 So. 2d 234 (Fla. 5th DCA 1994)…ssibility of a departure. Frazier v. State, 633 So. 2d 1206 (Fla. 5th DCA 1994) (citing Pope v. State, 561 So. 2d 554 (Fla.1990)). The trial court must give Colbert credit for all time served as of the date of final resentencing. See Brown v. State, 584 So. 2d 209 (Fla. 1st DCA 1991). Convictions AFFIRMED; sentencing for kidnapping VACATED; REMANDED for resentencing. GOSHORN, J., concurs. HARRIS, C.J., concurs and concurs specially, with opinion in which GOSHORN, .J., concurs. . § 782.04(l)(a), Fla.Stat.…
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Davidson v. State, 780 So. 2d 984 (Fla. 1st DCA 2001)…no fault of their own are entitled upon resentencing to credit for all actual time served and gain time earned during their initial prison term. See § 921.161(2), Fla. Stat. (1995); Corpus v. State, 744 So. 2d 594 (Fla. 2d DCA 1999); Brown v. State, 584 So. 2d 209 (Fla. 1st DCA). Indeed, the trial court stated at the resentencing hearing that the appellant would be “entitled for any credit for gain time and time that you have served since you were sentenced on May the 20th, 1996.” However, neither the sentenc…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Polk v. State, 418 So. 2d 388 (Fla. 1st DCA 1982)
- Brown v. State, 569 So. 2d 1320 (Fla. 1st DCA 1990)
- Rushing v. State, 355 So. 2d 501 (Fla. 2d DCA 1978)