DONALD C. CARVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A prisoner appealed the denial of his rule 3.800(a) motion challenging the trial court's calculation of jail time credit. The court agreed that the trial court erred in its credit calculation and reversed, holding that a defendant with concurrent sentences must receive jail time credit against both sentences.
The court held that under Florida Statute § 921.161(1), a defendant must be given credit for time spent in jail between arrest and sentencing against both sentences when the sentences run concurrently. Any other result would deprive the defendant of credit due under the statute.
[1] A trial court errs in calculating jail time credit when it fails to award credit for the entire period between arrest and sentencing, even when sentences are to run concu…
[2] When sentences are ordered to run concurrently, a defendant must be given credit for jail time served on all cases against both sentences.
Previewing 2 of 3 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“Section 921.161(1), Florida Statutes (1993), requires that credit for the time spent in jail between the date of arrest and the date of sentencing be awarded against the sentence eventually imposed.”
Establishes the statutory requirement for jail time credit that the trial court violated
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarver was arrested on March 20, 1992, and held in the Martin County Jail on both new Martin County charges and a capias from a Broward County case. H…
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PER CURIAM.
Appellant, a prisoner proceeding pro se, appeals the order denying his rule 3.800(a) motion without a hearing but with attachment of record excerpts. He claims — and we agree — that the trial court erred in calculating his credit for jail time served. Accordingly we reverse and remand.
In its response to this court’s show cause order, the state concedes that the trial court erred in calculating appellant’s credit for time served, but argues that he is entitled to only ten days additional credit, not the seventy-four days he claims.
Appellant was arrested and placed in the Martin County Jail on March 20, 1992, on new charges filed in Martin County and on a capias that had been issued in the Broward County case in which the appealed order was entered. The arrest affidavit attached to the motion clearly shows that he was arrested and held for both cases.
Appellant claims that he is entitled to credit for the entire 130-day period between his arrest and the sentencing in the Broward County Case. The sentencing documents attached to the order under review indicate that he was awarded only fifty-six days for time served in this case. They further indicate that his sentence in this case was made to run concurrently with any other sentence presently being served, which would include the sentence on the Martin County charges.
In its response to the show cause order, the state explains that the appellant was transferred to the Broward County Jail once he was sentenced on the Martin County charges. According to the state, he was credited for the time served in the Martin County Jail only against his Martin County case. He received credit against his current sentence for only the time that he served in the Broward County Jail.
Section 921.161(1), Florida Statutes (1993), requires that credit for the time spent in jail between the date of arrest and the date of sentencing be awarded against the sentence eventually imposed. The sentences on the two cases run concurrently. In that situation, the defendant must be given credit on both sentences. Daniels v. State, 491 So. 2d 543 (Fla.1986). See also Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995). Any other result would have the effect of depriving appellant of the credit that he is due under the statute.
GLICKSTEIN, WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mancino, 714 So. 2d 429 (Fla. 1998)…be raised in motions filed pursuant to rule 3.800(a) if the claim could be resolved without an evidentiary hearing through a review of the trial court’s records. See, e.g., Jones v. State, 635 So. 2d 41, 42-43 (Fla. 1st DCA [1994]); Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So. 2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So. 2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So. 2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DC…
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Fountain v. State, 660 So. 2d 376 (Fla. 4th DCA 1995)…from the date he was served with the capias on the new charges. Rule 3.800 is a proper vehicle for seeking jail credit, Lee v. State, 566 So. 2d 526 (Fla. 4th DCA 1990); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993), and under Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995), appellant is entitled to credit from the date he was served with the capias on the new charges. The trial court summarily denied appellant’s motion, however, the portions of the record which the court attached do not conclusive…
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Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998)…be raised in motions filed pursuant to rule 3.800(a) if the claim could be resolved without an evidentia-ry hearing through a review of the trial court’s records. See, e.g., Jones v. State, 635 So. 2d 41, 42-43 (Fla. 1st DCA 1994); Carver v. State, 653 So. 2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So. 2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So. 2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So. 2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DC…
Authorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Wonderlick v. State, 651 So. 2d 822 (Fla. 4th DCA 1995)
- Henderson v. State, 651 So. 2d 822 (Fla. 4th DCA 1995)