TONY JAMAIL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Tony Jamail appealed his conviction and sentence for violation of probation on three grounds: improper time-served credit, an allegedly illegal sentence exceeding statutory maximum, and a special probation condition added in writing but not orally pronounced. The court found merit in the time-served claim and the special condition claim, requiring remand to correct the sentence and conform the written order to the oral pronouncement.
The trial court must be remanded to determine the correct amount of time served and adjust the sentence accordingly. The four-and-one-half year sentence on Count II is within the statutory maximum and is not illegal; time served should not be counted twice. The written judgment must be reversed and remanded because a special probation condition was added in writing without being included in the oral pronouncement of sentence.
[1] A sentence is not illegal when the base sentence is within the statutory maximum, even if time served is later credited.
[2] A trial court must credit a defendant for all time served when imposing a sentence.
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“The State agrees that it is impossible to discern from this record how much time appellant actually served, and therefore this cause must be remanded to the trial court to determine the amount of time served and to correct the appellant's sentence to reflect the proper amount of credit.”
Establishes the trial court's failure to properly credit time served and the need for remand to correct this error.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAppellant Tony Jamail was convicted and sentenced for violation of probation. The trial court failed to properly credit him for time served, making it…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Written Judgment And Sentence cases and more on FLexlaw
[*363] DAVIS, Judge.
Appellant, Tony Jamad, appeals his conviction and sentence for violation of probation on three grounds. The first of these is that the trial court failed to properly credit him for time served. The State agrees that it is impossible to discern from this record how much time appellant actually served, and therefore this cause must be remanded to the trial court to determine the amount of time served and to correct the appellant’s sentence to reflect the proper amount of credit. Appellant also asserts that the trial court entered an illegal sentence on Count II, because the sentence of four and one half years plus the amount of time served would result in a sentence in excess of the five year statutory maximum for the offense charged. Having agreed that the trial court should award appellant the proper credit for time served, this Court cannot agree that the time served should be counted again to determine the true length of appellant’s sentence. The sentence of four and one half years is within the statutory maximum and is not illegal.
Finally, the trial court added a special condition of probation to the written judgment and sentence which was not included in the court’s oral pronouncement of sentence. Specifically, the lower court added a requirement that the appellant pay $1.00 per month to First Step, Inc. of Bay County] As this Court held in Christobal v. State of Florida, 598 So. 2d 325 (Fla. 1st DCA 1992), we must reverse and remand for entry of a written order which conforms to the or'al pronouncement.
Accordingly, this cause is REVERSED AND REMANDED for further proceedings consistent with this opinion.
MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Justice v. State, 674 So. 2d 123 (Fla. 1996)…Districts referred to herein that are consistent with our opinion today. It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur. WELLS, J., concurs in result only. . First District: see, e.g., Jamail v. State, 637 So. 2d 362 (Fla. 1st DCA 1994); Christobal v. State, 598 So. 2d 325 (Fla. 1st DCA 1992); Cumbie v. State, 597 So. 2d 946 (Fla. 1st DCA 1992); Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989). Second District: see, e.g., Williams v. State, 653 So. 2d 407 (F…
-
Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)…ced conditions of probation is not a major source of appeals. It is and has been for several years. A few recent examples are: Willis v. State, 640 So. 2d 1188 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994); Jamail v. State, 637 So. 2d 362 [*1032] (Fla. 1st DCA 1994); Peterson v. State, 645 So. 2d 84 (Fla. 2d DCA 1994); Chicone v. State, 644 So. 2d 532 (Fla. 5th DCA 1994), review denied, 651 So. 2d 1192 (Fla.1995); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). Lots of older exampl…1 / 2
-
Baker v. State, 676 So. 2d 1050 (Fla. 3d DCA 1996)…, 656 So. 2d 626 (Fla. 1st DCA 1995). However, we note that Baker cannot add the amount of time he has already served to the new sentences and then claim that the sentence is illegal if that amount exceeds the statutory maximum. See Jamail v. State, 637 So. 2d 362 (Fla. 1st DCA 1994). When a defendant is given a probationary split sentence and probation is thereafter revoked, the court may resentence the defendant to any sentence which it might originally have imposed subject only to the guidelines. Poore v.…
Authorities Cited
- Escobar v. Giant Express, Inc., 598 So. 2d 325 (Fla. 3d DCA 1992)