JACOB F. BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant should receive credit for time served and gain time accrued during prior imprisonment, and for jail time served awaiting the probation violation hearing if not credited elsewhere.
The appellant's probation was revoked, and he was sentenced as a habitual felony offender. The trial judge awarded jail credit only for days actually …
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THREADGILL, Judge.
We affirm the appellant's sentences as a habitual felony offender following revocation of his probation pursuant to King v. State, 597 So. 2d 309 (Fla. 2d DCA), rev. den., 602 So. 2d 942 (Fla.1992), but remand for recalculation of jail credits.
In circuit court case number 90-10492, the appellant is to be given credit for time served and earned gain time accrued during his prior imprisonment on this case in accordance with State v. Green, 547 So. 2d 925 (Fla.1989).1 The trial judge gave him credit only for the days actually served. He is also to be given credit for jail time served while awaiting his probation violation hearing, but only if he did not receive such credit in the companion circuit court case number 90-2777. See Daniels v. State, 491 So. 2d 543, 545 (Fla.1986) (defendant sentenced to consecutive imprisonment not entitled to credit in each sentence for time spent in jail awaiting disposition).
Affirmed; remanded.
RYDER, A.C.J., and SCHOONOVER, J., concur. . Section 948.06(6), Florida Statutes (Supp. 1990), has been enacted to counter State v. Green, 547 So. 2d 925 (Fla.1989). The appellant’s offense was, however, committed before the effective date of the statute.
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Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)…1992); Baranko v. State, 516 So. 2d 332, 333 n. 1 (Fla. 1st DCA 1987); Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993); Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993); Hayes v. State, 610 So. 2d 737 (Fla. 2d DCA 1993); Sampson v. State, 598 So. 2d 211 (Fla. 2d DCA 1992); Terry v. State, 567 So. 2d 1050 (Fla. 5th DCA 1990). In Inclima, the court observed that “[t]his requirement is now specifically contained in Florida Rule of Appellate Procedur…
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Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997)…nhancement of appellant’s sentence. Reversed and remanded, with instructions. BLUE, A.C.J., and QUINCE and NORTHCUTT, JJ„ concur. . See Ward v. State, 97-03003 (Fla. 2d DCA 1997). . See Daniels v. State, 491 So. 2d 543 (Fla.1986); Bell v. State, 610 So. 2d 737 (Fla. 2d DCA 1993).…
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Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993)…er refutes or substantiates the allegations, then the trial court should deny the motion without prejudice and permit the appellant to file a sworn motion pursuant to rule 3.850. See Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA1993); Hayes v. State, 610 So. 2d 737 (Fla. 2d DCA1993). The appellant must file a timely notice of appeal to obtain further appellate review of any subsequent action of the trial court. Reversed and remanded. CAMPBELL, A.C.J., and ALTENBERND and BLUE, JJ., concur.…
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
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)