DARREN SCOTT HOPPING, APPELLANT,
v.
THE 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.
Darren Hopping appealed the trial court's denial of his motion to correct an allegedly illegal sentence, arguing he deserved credit against his Florida sentence for time served in Indiana while incarcerated on unrelated burglary charges. The court held that a prisoner incarcerated in another state on charges unrelated to a Florida charge is not entitled to credit for that time served.
An escapee incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant is not entitled to credit for time served in the other state. The trial court properly credited only the time served from Hopping's extradition until his escape conviction.
[1] A sentence that fails to grant proper credit for time served is an illegal sentence subject to correction at any time.
[2] When a prisoner escapes, their sentence is tolled, and upon recapture, the sentence restarts, with time spent in jail awaiting trial on the escape charge credited towards…
Previewing 2 of 6 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“A sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time.”
Establishes the foundation for reviewing sentences for improper credit calculations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHopping was convicted in Suwannee County, Florida, and incarcerated in Opa Locka. He escaped and was arrested in Indiana on unrelated burglary charges…
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 Credit For Time Served cases and more on FLexlaw
BARKDULL, Judge.
Appellant seeks review of the trial court’s summary denial of a rule 3.800 motion to correct an illegal sentence.
Hopping was convicted in Suwannee County, Florida, and incarcerated in the Opa Loc-ka Community Correctional Institution in Dade County, Florida. Hopping escaped from Opa Locka and was arrested in Indiana on unrelated burglary charges. Hopping went to trial on the Indiana charges, was found guilty and was sentenced to five years with credit for time served. In April of 1994, Hopping was extradited to Florida, and in June of that year he was found guilty of escape. The trial court sentenced Hopping to a year and a day for escape. The escape sentence runs concurrent to the Suwannee County sentence and Hopping was given credit for time served between his extradition and conviction.
By this motion Hopping argues that his sentence is illegal in that he is entitled to credit, against the Suwannee County sentence, for time served from the date of his arrest in Indiana, on unrelated burglary charges, until his conviction for escape in Florida. Hopping reasons that his Suwannee County sentence was tolled when he escaped from Opa Locka but that when he was taken into custody in Indiana the clock automatically restarted on the Suwannee sentence.
A sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time. See and compare Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994); Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990). Section 921.161(1), Florida Statutes, states that a prisoner shall receive credit for time served in the county jail prior to sentencing and for time served between sentencing and transfer to the Department of Corrections. When a prisoner escapes his sentence is tolled, upon recapture that sentence restarts and time spent in the county jail awaiting trial on the escape count shall be credited towards the original sentence. See Adams v. Wainwright, 275 So. 2d 235 (Fla.1973). The term “county jail” is applicable only to Florida jails, see Kronz v. State, 462 So. 2d 450 (Fla.1985), and the decision to award credit for time served by an escapee, who has been incarcerated in another state, solely because of a Florida charge, detainer, or warrant, is squarely within the trial court’s discretion. See Kronz. Absent a clear showing that the trial court has abused that discretion this court will not disturb the trial court’s determination. See Puma Enterprises Corp. v. Vitale, 566 So. 2d 1343 (Fla. 3d DCA 1990). When a prisoner is incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state. See Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983).
With the above principles in mind, we hold that Hopping was not entitled to credit against the Suwannee County sentence for time served while incarcerated in Indiana on unrelated charges, and that the trial court properly credited the Suwannee County sentence only with time served from the time of Hopping’s extradition from Indiana until the date of his conviction for escape.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
-
State v. Mancino, 714 So. 2d 429 (Fla. 1998)…mind that these distinctions do exist for good jurisprudential reasons and may affect the relief available at various stages postconviction. 596 So. 2d at 76-77 n. 1. In support of the Second District’s conclusion, Mancino cites Hopping v. State, 650 So. 2d 1087, 1088 (Fla. 3d DCA 1995), which states that failure to grant proper jail credit for time served is an illegal sentence under rule 3.800 since section 921.161(1), Florida Statutes (1995) affirmatively mandates that no sentence may be imposed without…
-
Blakley v. State, 746 So. 2d 1182 (Fla. 4th DCA 1999)…Statutes, states that a prisoner shall receive credit for time served in the county jail prior to sentencing and for time served between sentencing and transfer to the Department of Corrections.’ ” 714 So. 2d at 432, quoting from Hopping v. State, 650 So. 2d 1087, 1088 (Fla. 3rd DCA 1995). The court then referred to its own Hopping decision, saying: “we relied on the fact that the record reflected without dispute that the trial court had illegally increased the defendant’s sentence after the defendant had a…
-
Theron Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)…efendant is held in a jurisdiction outside of Florida, awaiting transfer to Florida, the question of whether to award credit for time served is discretionary with the trial court. See Kronz v. State, 462 So. 2d 450, 451 (Fla.1985); Hopping v. State, 650 So. 2d 1087, 1088 (Fla. 3d DCA 1995).…
Previewing 3 of 22 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)
- Adams v. Louie L. Wainwright, 275 So. 2d 235 (Fla. 1973)
- Puma Enters. Corp. v. Vitale, 566 So. 2d 1343 (Fla. 3d DCA 1990)
- Loring Spencer Jones v. State, 635 So. 2d 41 (Fla. 1st DCA 1994)
- Moorer v. State, 556 So. 2d 778 (Fla. 1st DCA 1990)
- Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983)