DONALD BENSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is entitled to jail credit for time served on concurrent sentences, even if those sentences are for charges in different jurisdictions.
Robert Benson appealed the denial of jail credit for time served on Dade County charges, which were to run concurrently with his Broward County senten…
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HOY, JOHN J., Associate Judge.
Robert Benson appeals the Broward trial court’s denial of jail credit for time served. Appellant entered into a plea agreement on charges made in Broward County. That agreement provided that the Broward sentence was to run concurrent with a sentence on Dade County charges as well as a sentence on federal charges. The trial judge in Broward refused to give Benson jail credit for time served on the Dade County charges. Appellant asserts that he is entitled to an extra 195 days credit on his concurrent sentences.
We agree and reverse and remand on the authority of Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989). The trial court, upon remand, shall give jail credit from November 19, 1990, and amend the sentence to reflect the proper credit.
Lastly, we note a discrepancy between the oral pronouncement of sentence and the written sentence. The court orally pronounced that appellant’s sentence was “a period of incarceration of 12 years in prison followed by 10 years in prison.” The written sentence in the record provides for twelve years in prison followed by ten years probation. The oral statements at sentencing do not agree with the written sentence or plea agreement. On remand, the trial court should correct this error. REVERSED AND REMANDED.
GLICKSTEIN, C.J., and ANSTEAD, J., concur.
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Citator
Cited By
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Desmond R. Gillen v. State, 696 So. 2d 952 (Fla. 4th DCA 1997)…is required where intent of oral pronouncement is not reflected in the written sentence); Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996) (written sentence must conform to trial court’s oral pronouncement of sentence); see also Benson v. State, 613 So. 2d 555 (Fla. 4th DCA 1993) (defendant who entered into plea agreement that sentence was to run concurrent with his sentence in another county held entitled to jail credit for time served in the other county). REVERSED AND REMANDED TO CORRECT SENTENCE TO…
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Wright v. State, 711 So. 2d 121 (Fla. 4th DCA 1998)…is entitled to additional jail credit for time spent in federal custody on the underlying charges prior to sentencing. Since appellant may be entitled to such credit, we likewise remand for an evidentiary hearing on this issue. See Benson v. State, 613 So. 2d 555, 556 (Fla. 4th DCA 1993); Pearson v. State, 538 So. 2d 1349, 1350 (Fla. 1st DCA 1989). Reversed and remanded for an evidentiary hearing. STONE, C.J., and WARNER and KLEIN, JJ., concur.…
Authorities Cited
- Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989)