JAMES ARTHUR SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James Arthur Smith appealed the denial of his motion to correct his sentence, arguing that under Fraser v. State, he was entitled to jail credit for time served on community control before his incarceration. The Florida District Court of Appeal held that while trial courts have discretion to grant such credit under appropriate circumstances, they have no obligation to do so when a defendant violates the conditions of community control.
A trial court has discretion to grant jail credit for time served on community control under appropriate circumstances, but has no legal obligation to give such credit to a defendant who violates the conditions of community control. The Fraser decision, which was limited to its specific circumstances, does not require jail credit for unsuccessful periods of community control.
[1] A trial court has discretion to grant jail credit for time served on community control when the defendant successfully completes the period of community control.
[2] A trial court is not legally obligated to grant jail credit for time served on community control when the defendant violates the conditions of that community control.
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Join FLexlaw to unlock all legal intelligence“Although a trial court has discretion to grant jail credit for time served on community control under circumstances justifying that credit, it has no legal obligation to give such credit to a defendant who violates the conditions of his community control.”
Establishes the court's holding that jail credit for community control is discretionary and not mandatory for violators
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Join FLexlaw to unlock all legal intelligenceSmith pleaded nolo contendere to handling and fondling a child under sixteen and was initially sentenced to community control in early 1991. He violat…
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ALTENBERND, Judge.
James Arthur Smith appeals an order denying his motion for correction of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In early 1991, Mr. Smith pleaded nolo contendere to handling and fondling a child under the age of sixteen. He was sentenced to community control. Thereafter, he violated the conditions of his community control and was sentenced on December 9, 1991, to three years’ incarceration. The trial court did not give the defendant jail credit for the time he spent on community control. Smith argues that his sentence is illegal as a result of the supreme court’s decision in Fraser v. State, 602 So. 2d 1299 (Fla.1992). We disagree.
In Fraser, the trial court had initially given the defendant a downward departure sentence of community control. Because the trial court failed to provide contemporaneous written reasons for the departure, the state appealed and this court reversed the sentence. State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990). In a subsequent appeal, we held that the trial court could not provide written reasons for a downward departure at Fraser’s sentencing on remand, but was required to sentence Fraser to a guidelines sentence. State v. Fraser, 582 So. 2d 171 (Fla. 2d DCA 1991). Because it seemed unfair to imprison Fraser merely as a result of a paperwork error by the trial judge, we certified two questions to the supreme court. One of those questions asked whether a trial court “can” give credit for time served on community control. Thus, the issue before the supreme court in Fraser was whether the trial court had the discretion under section 921.161, Florida Statutes (1989), to give jail credit for successfully completed periods of community control.
The supreme court answered the certified question in the affirmative. Its opinion, however, emphasized that its answer was based on “the circumstances presented here.” 602 So. 2d at 1300. It pointed out that Fraser was successfully completing his sentence of community control when, through no fault of his own, he was required to return to prison.
Although a trial court has discretion to grant jail credit for time served on community control under circumstances justifying that credit, it has no legal obligation to give such credit to a defendant who violates the conditions of his community control. In Fraser, the supreme court accurately notes that community control is a more coercive deprivation of liberty than probation. It is not, however, a functional equivalent of jail. Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988). Fraser did not overrule Mathews. We continue to hold that a trial court may legally deny jail credit for an unsuccessful term of community control.
RYDER, A.C.J., and PATTERSON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993)…ous as to be equivalent to incarceration in the county jail or the forensic ward of a mental hospital. Defendant contends, however, that credit is required by Fraser v. State, 602 So. 2d 1299 (Fla.1992). We disagree. As explained in Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993): In Fraser, the trial court had initially given the defendant a downward departure sentence of community control. Because the trial court failed to provide contemporaneous written reasons for the departure, the state appealed and…
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Williams v. State, 629 So. 2d 174 (Fla. 2d DCA 1993)…me he previously served on community control toward the new probationary term imposed. We hold that the trial court has discretion to disallow such credit since just as community control is not the functional equivalent of jail time, Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993), see also Chancey v. State, 614 So. 2d 18 (Fla. 4th DCA 1993), neither is it the functional equivalent of probationary time. The trial court in ordering Williams to serve concurrent terms of four years in prison followed by one ye…
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Johnson v. State, 641 So. 2d 970 (Fla. 2d DCA 1994)…determine the effect of that statute on a true split sentence. . We express no opinion concerning the effect of the term of community control on the sentence that may now be imposed. See Fraser v. State, 602 So. 2d 1299 (Fla.1992); Smith v. State, 615 So. 2d 712 (Fla. 2d DCA 1993).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fraser v. State, 602 So. 2d 1299 (Fla. 1992)
- Mathews v. State, 529 So. 2d 361 (Fla. 2d DCA 1988)
- State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990)
- Johns v. State, 582 So. 2d 171 (Fla. 2d DCA 1991)
- State v. Fraser, 582 So. 2d 171 (Fla. 2d DCA 1991)