ERNEST TOWNSEND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ernest Townsend appealed the denial of his motion to correct presentence jail time credit under Florida Rule of Criminal Procedure 3.800(a). The appellate court reversed and remanded, finding that Townsend may be entitled to credit for jail time served on concurrent sentences and that the trial court failed to properly account for time served pending resolution of probation revocation proceedings.
The court reversed the denial of Townsend's motion, finding that he may be entitled to jail time credit for the 343 days on all concurrent sentences if he was arrested and serving time on all three cases simultaneously. The court also held that Townsend is entitled to credit not only for time served before initial sentencing but also for time spent incarcerated pending resolution of probation revocation proceedings.
[1] A defendant is entitled to credit for jail time spent incarcerated pending the resolution of a probation revocation proceeding, not just time served before the initial se…
[2] When calculating presentence jail time credit for multiple concurrent sentences, a defendant may be entitled to credit for the entire period of incarceration if they were…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If it is true that he was arrested and serving time on all three cases at once, appellant might be entitled to relief.”
Establishes that concurrent sentences warrant the same jail time credit across all sentences when served simultaneously.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 6, 1989, Townsend was sentenced to 12 years total imprisonment across three cases. In case 87-7214 (a new offense), he received 343 days of ja…
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ALTENBERND, Judge.
Ernest Townsend appeals the denial of his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), to correct the amount of presentence jail time credit he received. We reverse and remand for further consideration.
On July 6, 1989, the court sentenced Mr. Townsend to a total of 12 years’ imprisonment in three separate cases. One of the cases, case 87-7214, is a new offense for which he received 343 days of jail credit. The other two cases, cases 84-13811 and 86-14370, are older eases, for which the defendant was apparently resentenced upon violation of probation. He was given credit for 32 days spent incarcerated prior to imposition of these two sentences. Appellant alleges he should have been given credit for the 343 days on each sentence because all three sentences were to run concurrent with each other. If it is true that he was arrested and serving time on all three cases at once, appellant might be entitled to relief. See Daniels v. State, 491 So. 2d 543 (Fla.1986); Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986).
From the record, it appears that the trial court may have been calculating jail credit in the two earlier cases by crediting only time served prior to the initial sentencing. The defendant is entitled to credit for jail time, not only for the time served before the initial sentencing but also for the time spent in jail pending the resolution of the revocation proceeding. Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984).
Although not directly raised by the motion, on remand we instruct the trial court to review the structure of the five-year sentence imposed in case 87-7214. Three years of that sentence is concurrent with» the ten-year sentence in 84-13811 and two years is consecutive to that sentence. This would seem to create a possible gap within the period of incarceration in case 87-7214, unless the trial court intended the three-year sentence to begin after seven years of the sentence in 84-13811. Assuming such a deferred sentence is permissible, it would create administrative difficulties concerning the calculation of jail credit time and the determination of the onset of the sentence. A two-year consecutive sentence would seem to accomplish the result intended by the trial court’s sentence without creating these complexities.
Accordingly, we reverse the order of denial and remand for further proceedings. On remand, should the trial court again deny the motion, it must attach portions of the records or files conclusively showing that appellant is entitled to no relief. Because we cannot determine how the trial court calculated the amount of credit for time served on the three sentences, the court should provide documentation from the record showing the exact dates of incarceration on each offense. Any party aggrieved by the subsequent action of the trial court must file a notice of appeal within thirty days to obtain further appellate review.
Reversed and remanded.
PARKER, A.C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harrelson v. State, 620 So. 2d 1131 (Fla. 1st DCA 1993)…the credit. See Cecil v. State, 614 So. 2d 603 (Fla. 1st DCA 1993). The state concedes that the trial court erred in failing to award credit for time spent in jail pending resolution of the instant revocation proceeding. See also Townsend v. State, 604 So. 2d 541 (Fla.2d DCA 1992). On remand, the trial court shall calculate and award such credit. Affirmed in part, reversed in part, and remanded with directions. JOANOS, MINER and WEBSTER, JJ., concur.…
Authorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Roesch v. State, 446 So. 2d 269 (Fla. 2d DCA 1984)