LUKE INCLIMA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Inclima appealed a summary denial of his motion to correct an illegal sentence by seeking credit for time served in a New York state jail while awaiting extradition to Florida. The court remanded the case to the trial court to make a discretionary determination on whether to award such credit, clarifying that while mandatory credit applies only to Florida county jails under statute, trial judges have inherent discretionary authority to award credit for time served in other jurisdictions when the defendant was incarcerated solely because of the Florida offense.
Trial judges have inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida, though such credit is not mandatory under statute. The trial court must consider the appropriateness of such an award and must have documentary support for its decision that the defendant was incarcerated for unrelated charges.
[1] A trial court has inherent discretionary authority to award credit for time served in another jurisdiction while awaiting transfer to Florida.
[2] A trial court should consider awarding credit for time served in another state when the defendant was incarcerated in that state solely because of the Florida offense for…
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“although section 921.161(1) requires that credit be given against a criminal sentence for time spent in the county jail while being held on the criminal charges prior to sentencing, this mandatory direction applies only to Florida county jails. However, the court said the trial judge does have inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.”
Establishes the distinction between mandatory credit for Florida jails and discretionary authority for other jurisdictions
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Join FLexlaw to unlock all legal intelligenceInclima was arrested and extradited on charges of uttering a forgery in New York. He was subsequently arrested on different Florida charges on May 28,…
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PER CURIAM.
We withdraw the opinion issued in this case sua sponte and replace it with the following en banc opinion.
Inclima appeals from a summary denial of his motion made pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking to correct a claimed illegal sentence because it fails to give him credit for time served in a New York state jail while awaiting extradition to Florida. The trial judge stated:
Defendant was not arrested and subsequently extradited on the charges contained in this case, but rather was arrested and extradited on charges of uttering a forgery. Mr. Inclima was not arrested on the charges herein until May 28,1989, well after his return to Florida.
However, no documents were attached to this order. In Kronz v. State, 462 So. 2d 450 (Fla.1985), the Florida Supreme Court held that although section 921.161(1) requires that credit be given against a criminal sentence for time spent in the county jail while being held on the criminal charges prior to sentencing, this mandatory direction applies only to Florida county jails. However, the court said the trial judge does have inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.
[The] trial judge should consider the appropriateness of an award of credit for time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced.
Kronz, 462 So. 2d at 451.
The trial court in this case apparently declined to exercise its discretion to give Incli-ma credit against his Florida sentence for time served in a New York state jail. It did so because it stated Inclima was being held in New York on other, unrelated criminal charges. In order to afford a meaningful review to the trial court’s exercise of discretion, we remand this cause to the trial court for attachment of the records showing Ineli-ma is not entitled to be considered for discretionary award of jail time credit against his Florida sentence.
To the extent this case conflicts with Longo v. State, 621 So. 2d 502 (Fla. 5th DCA 1993), we recede from that case, in conformity with Kronz.
REMANDED for further proceedings.
HARRIS, C.J., and DAUKSCH, COBB, W. SHARP, GOSHORN, PETERSON, GRIFFIN, DIAMANTIS and THOMPSON, JJ., concur.
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Citator
Cited By (12 total)
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Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)…ict courts of appeal subscribe to the attachment requirement with respect to rule 3.800(a) proceedings. See, e.g., Ransom v. State, 601 So. 2d 279 (Fla. 1st DCA 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,…
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Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996)…because of Florida charges. Id. Here the record conclusively establishes that Zygadlo was in jail on Illinois charges at the time he was extradited. There is record support for the sentencing court’s denial of Illinois jail credit. Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993). Zygadlo also alleges that he is entitled to jail credit for time he served in the Putnam County jail following his extradition here and before he was tried on the Florida charges. See § 921.161(1) Fla. Stat. (1995): Hopping v.…
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Carter D. Heuton v. State, 790 So. 2d 1204 (Fla. 2d DCA 2001)…Fla. 987, 128 So. 241, 247 (1930). In order for this court to provide meaningful review of the trial court’s denial of relief, the trial court should have attached those records, if any, which were relied upon to deny relief. See Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993). Absent such records, if there were reasons supporting the denial of relief then the trial court should have stated those reasons in its order. With such records or reasons, this court would be able to review the trial court’s ex…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Longo v. State, 621 So. 2d 502 (Fla. 5th DCA 1993)