DALE A. ZYGADLO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Zygadlo appealed a summary denial of his motion to correct an illegal sentence, claiming he was entitled to jail credit for time served in Illinois and Putnam County, Florida, and that a "hard labor" sentencing condition was improper. The court reversed and remanded, finding the trial court properly denied Illinois jail credit but erred by failing to adequately consider Putnam County jail credit and by imposing an unauthorized "hard labor" condition.
The trial court properly denied Illinois jail credit because Zygadlo was serving an Illinois sentence at the time of extradition and was not being held solely on Florida charges. However, the court erred by failing to adequately address the Putnam County jail credit claim without supporting documentation, and erred by imposing an unauthorized "hard labor" condition for which no statute provides authority.
[1] A sentencing court has discretion to award out-of-state jail credit, but is not compelled to do so.
[2] When considering out-of-state jail credit, a sentencing court should determine if the defendant was held solely due to Florida charges.
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Join FLexlaw to unlock all legal intelligence“Although the sentencing court had discretion to award out-of-state jail credit, it was not compelled to do so.”
Establishes the legal standard for out-of-state jail credit, which rests on the court's discretion rather than a mandatory requirement.
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Join FLexlaw to unlock all legal intelligenceZygadlo was serving an Illinois sentence when he was extradited to Florida on criminal charges. He was held in Putnam County jail following extraditio…
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PER CURIAM.
Dale A. Zygadlo appeals from a summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) seeking to correct an illegal sentence. Zygadlo claimed that the trial court erred when it did not give him jail credit for time served in Illinois and Putnam County, Florida, and when it sentenced him to “hard labor” for his criminal offenses. We reverse.
The trial court appropriately denied jail credit for time served in the Illinois jail. The record contains copies of the Florida judgments and sentences which establish that out-of-state jail credit was not given because Zygadlo was serving an Illinois sentence which was imposed before he was extradited to Florida for these charges. Although the sentencing court had discretion to award out-of-state jail credit, it was not compelled to do so. Kronz v. State, 462 So. 2d 450, 451 (Fla.1985). In making the decision to award credit for out-of state jail time, a sentencing court should consider whether the defendant was being held solely because of Florida charges. Id. Here the record conclusively establishes that Zygadlo was in jail on Illinois charges at the time he was extradited. There is record support for the sentencing court’s denial of Illinois jail credit. Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993).
Zygadlo also alleges that he is entitled to jail credit for time he served in the Putnam County jail following his extradition here and before he was tried on the Florida charges. See § 921.161(1) Fla. Stat. (1995): Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995). However, since no documents are attached to the order denying relief, we reverse the order denying relief and remand for attachment of documents refuting Zygad-lo’s claim that he served time in the Putnam County jail following his extradition before being tried in Florida, or to amend the judg ment and sentence to provide for the additional jail credit. See Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995) (denial of 3.800 motion for jail credit reversed where court failed to attached appropriate record).
We also remand to the trial court to strike the illegal condition of “hard labor” because there is no statute that authorizes it. Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 623 (Fla. 1994); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975), reversed on other grounds after remand, 345 So. 2d 755 (Fla. 4th DCA 1977).
REVERSED and REMANDED.
DAUKSCH, GOSHORN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997)…3.800(a). Burney’s motion argued several grounds for relief, one of which has merit. In his motion Burney alleges that his sentence is illegal because the trial court included hard labor as a sentencing condition. The court in Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996), held that a sentencing condition of hard labor, when such condition was not authorized by statute, is an issue appropriately raised in a motion to correct illegal sentence. Effective July 2, 1970, chapter 70-340, section 180, La…
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Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999)…pealed chapter 922, which had authorized a sentence to hard labor. Thus, where the appellant’s commission of the charged offenses occurred in 1975, the requirement of hard labor constitutes an illegal condition of his sentence. See Zygadlo v. State, 676 So. 2d 1015, 1017 (Fla. 5th DCA 1996); see also Dawson v. State, 360 So. 2d 57, 58 (Fla. 3d DCA 1978); McDonald v. State, 321 So. 2d 453, 458 (Fla. 4th DCA 1975). We therefore affirm the appellant’s convictions and imprisonment sentences but remand with instruc…
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Smith v. State, 806 So. 2d 602 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRM. State v. Perry, 786 So. 2d 554 (Fla.2001); Bogue v. Fennelly, 705 So. 2d 575 (Fla. 4th DCA 1997); Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996); Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992). COBB, GRIFFIN and SAWAYA, JJ., concur.…
Previewing 3 of 10 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)
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993)
- Crabtree v. State, 624 So. 2d 743 (Fla. 5th DCA 1993)
- McDONALD v. State, 345 So. 2d 755 (Fla. 4th DCA 1977)
- Abney v. State, 661 So. 2d 139 (Fla. 5th DCA 1995)
- Pagan v. Pagan, 661 So. 2d 139 (Fla. 5th DCA 1995)