FRED TAYLOR SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that jail time spent in juvenile detention should be credited against a new prison sentence, even if the original sentence included community control.
Appellant sought credit for 132 days of jail time, but the trial court granted only 67 days, finding some time was spent in juvenile detention and thu…
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PER CURIAM.
Fred Taylor Smith appeals the denial of his motion to allow credit for jail time. In his motion, Smith asserted that the trial court granted credit for only 67 days but that he was entitled to credit for 132 days. In its order, the trial court denied Smith’s motion. The trial court found that part of the time Smith was claiming was spent in juvenile detention. The trial court held that “because defendant received community control in his original sentence, time spent in detention cannot be credited.”
A defendant is not entitled to jail time credit when placed on community control. In the Interest of B.A., 546 So. 2d 125 (Fla. 1st DCA 1989). After a defendant violates community control, however, and receives a prison sentence, jail time should be credited against the new prison sentence. Richards v. State, 521 So. 2d 292 (Fla. 1st DCA 1988). Time spent in juvenile detention is credited like time spent in county jail. E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991). Therefore, the trial court erred in denying credit for Smith’s initial time in detention against his new prison sentence.
Accordingly, we reverse. On remand, the trial court shall reconsider the amount of credit Smith should receive.
BLUE, A.C.J., and FULMER and WHATLEY, JJ„ concur.
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J.B. v. State, 829 So. 2d 376 (Fla. 4th DCA 2002)…for twenty-eight days for time served in secure detention from May 10, 2001 to June 7, 2001, prior to his adjudication. We agree. On remand, the order should be corrected to reflect any credit for time served in secure detention. See Smith v. State, 664 So. 2d 1076, 1076 (Fla. 2d DCA 1995) (“Time spent in juvenile detention is credited like time spent in county jail. ) (citing E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991)). Lastly, as urged by J.B., the orders should be corrected to state, “Nunc Pro Tunc t…
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Lopez v. State, 722 So. 2d 936 (Fla. 4th DCA 1998)…een previously rejected based on the fact that community control is not the equivalent of incarceration. See In the Interest of B.A., 546 So. 2d 125, 125-26 (Fla. 1st DCA 1989); Depson v. State, 363 So. 2d 43, 44 (Fla. 1st DCA 1978); Smith v. State, 664 So. 2d 1076, 1076 (Fla. 2d DCA 1995); see also Chancey v. State, 614 So. 2d 18, 19 (Fla. 4th DCA 1993). KLEIN, J. and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
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Hannah v. State, 876 So. 2d 655 (Fla. 2d DCA 2004)…court stated that Hannah failed to provide and the record did not contain any documentation to support the claim. This court has previously stated that time spent in a juvenile facility is credited like time spent in county jail. See Smith v. State, 664 So. 2d 1076 (Fla. 2d DCA 1995). Because the motion and capi-as presented a facially sufficient claim for relief, the trial court should have addressed the merits of the claim. See Whitt v. State, 807 So. 2d 788 (Fla. 2d DCA 2002); Smith, 664 So. 2d at 1076. Acc…
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
- E.R. v. State, 584 So. 2d 158 (Fla. 2d DCA 1991)
- In the Interest of B.A., 546 So. 2d 125 (Fla. 1st DCA 1989)
- Richards v. State, 521 So. 2d 292 (Fla. 1st DCA 1988)