FRANK A. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in failing to credit the appellant's sentence for attempted burglary with time previously served.
Appellant was convicted of attempted burglary and other offenses and sentenced. The trial court gave credit for time served on misdemeanor charges but…
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ERVIN, Judge.
This is an appeal from an order denying appellant’s motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800. Because the trial court failed to properly credit appellant’s sentence for attempted burglary with time previously served, we reverse and remand with directions to grant the motion and correct appellant’s sentence.
Appellant was convicted of attempted burglary, a third degree felony, fleeing a police officer and reckless driving, both of which are misdemeanors, and was sentenced to three years’ incarceration followed by two years’ probation, and to 60 days and 85 days, respectively on the misdemeanor offenses.
The trial court gave credit for 60 and 85 days on the misdemeanor charges, but failed to grant any credit for time served on the felony charge. This was error.
Section 921.161, Florida Statutes (1991), provides that a court imposing a sentence shall allow a defendant credit for all time served in county jail before imposition of sentence. Although this statute does not require the courts to grant credit for time served before conviction on each consecutive sentence imposed at the same time,1 the courts must give credit for time served on each concurrent sentence imposed at the same time. Daniels v. State, 491 So. 2d 543 (Fla.1986); Vasquez v. State, 478 So. 2d 76 (Fla. 1st DCA 1985), cause dismissed, 488 So. 2d 831 (Fla.1986); Bell v. State, 573 So. 2d 10 (Fla. 5th DCA 1990). The order denying appellant’s motion requesting credit for time served on his felony conviction is REVERSED and the case is REMANDED with directions to grant the motion and correct appellant’s sentence.
MICKLE and DAVTS, JJ., concur. . See Daniels v. State, 491 So. 2d 543, 545 (Fla.1986); Miller v. State, 297 So. 2d 36, 38 (Fla. 1st DCA), decision aff’d sub nom. Winston v. State, 308 So. 2d 40 (Fla.1974); Hipp v. State, 509 So. 2d 1208, 1210 (Fla. 4th DCA 1987).
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Hurt v. State, 670 So. 2d 1144 (Fla. 1st DCA 1996)…opinion. First, the written judgment incorrectly reflects that Count III, driving with a suspended license, and Count IV, reckless driving, are felonies when, in fact, they are misdemeanors. §§ 316.192 and 322.34, Fla.Stat. (1993); Smith v. State, 634 So. 2d 225 (Fla. 1st DCA 1994). Accordingly, the written judgment must be corrected. Further, the written order of probation for reckless driving does not conform to the oral pronouncement of sentence and must be modified to conform to the sentence orally pron…
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Tisdale v. State, 657 So. 2d 66 (Fla. 1st DCA 1995)…PER CURIAM. We review appellant’s sentencing after revocation of probation. We affirm the trial court’s award of credit for time served. Smith v. State, 634 So. 2d 225 (Fla. 1st DCA 1994). The revocation order, however, is vacated, and we remand to the trial court to conform the listed violations in the written revocation order to the court’s oral pronouncement of violation. BOOTH, JOANOS and MINER, JJ„ concur.…
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Kelsey v. State, 658 So. 2d 1073 (Fla. 1st DCA 1995)…nt should be given jail time credit on both concurrent sentences. Under the provisions of section 921.161, Florida Statutes, the trial court must grant credit for jail time served on each concurrent sentence imposed at the same time. Smith v. State, 634 So. 2d 225 (Fla. 1st DCA 1994). Accordingly, this cause is remanded with directions to strike the costs of $225.00 and $27.50, and to credit the term imposed in regard to count II with jail time credit of 134 days. BOOTH, JOANOS and VAN NORTWICK, JJ., conc…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Hipp v. State, 509 So. 2d 1208 (Fla. 4th DCA 1987)
- Bell v. State, 573 So. 2d 10 (Fla. 5th DCA 1990)
- Citibank, N.A. v. Data Lease Fin. Corp., 478 So. 2d 76 (Fla. 4th DCA 1985)
- Winston v. State, 308 So. 2d 40 (Fla. 1974)