DALE ALBERT ZYGADLO, 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.
Zygadlo appeals his sentence for a second time, challenging the trial court's denial of jail credit for time served in a Florida county jail while awaiting trial on Florida offenses. The court holds that Zygadlo is entitled to mandatory credit under Florida statute for all time spent in county jail before sentencing, regardless of whether he was simultaneously serving an Illinois sentence.
The court holds that Zygadlo is entitled to mandatory credit for all time spent in a Florida county jail prior to sentencing for his Florida offenses, regardless of concurrent sentences in other jurisdictions. The trial court erred in denying this credit based on the defendant's simultaneous Illinois sentence.
[1] A defendant is entitled to mandatory credit for all time spent in a county jail prior to sentencing for offenses committed in that jurisdiction, regardless of incarcerati…
[2] A statute requiring credit for time spent in county jail before sentencing does not contemplate exceptions based on the defendant's status on charges in another state.
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“the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence”
The statutory mandate for jail credit under Florida Statute § 921.161(1), which 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 intelligenceZygadlo was serving an active Illinois sentence when he was moved to Putnam County Jail in Florida for trial on Florida charges. After trial, he was r…
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
PER CURIAM.
This is Dale Albert Zygadlo’s [“Zygadlo”] second appeal to this court. In his first appeal in 96-984, this court ruled that the trial court properly denied jail credit for time Zygadlo served in an Illinois jail. However, this court also ruled that it was error to fail to attach documents in support of the ruling that Zygadlo was not entitled to credit for time served in the Putnam County Jail following his extradition before being tried in Florida.1 Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996).
On remand, the court again denied relief but this time included attachments in an effort to refute Zygadlo’s claim. According to the court, a memorandum from the Putnam County Sheriffs Office, “confirms that Defendant was serving an active Illinois sentence, was moved to Putnam County Jail for trial, returned to Illinois to complete the Illinois sentence, and then moved to Florida to serve his Florida sentence.” The court concluded that Zygadlo “is not entitled to jail credit when he was incarcerated on separate Illinois charges and was moved to Putnam County merely for trial.”
We disagree and hold that Zygadlo is entitled to mandatory credit for the time he was in a Florida county jail prior to sentencing for his Florida offenses. See § 921.161(1), Fla.Stat. (1995) (“[T]he court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence.”) (emphasis added). The statute does not contemplate the exception apparently envisioned by the trial court. Moreover, it is uncertain that Zygadlo would receive credit in Illinois for the time served in Florida. Cf. Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995).
SENTENCE VACATED and REMANDED.
COBB, GRIFFIN and THOMPSON, JJ., concur. . This court also directed the trial court on remand to strike the illegal condition of “hard labor” for his offenses,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Zygadlo v. State, 676 So. 2d 1015 (Fla. 5th DCA 1996)