JERRY KNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*773] PER CURIAM.
Jerry Knight appeals the summary denial of his motion for jail credit. While serving a sentence for aggravated battery, Knight escaped. He claims that the trial court erred by not awarding credit on his aggravated battery sentence for the time he spent in county jail during the resolution of his escape charge. We affirm the denial of the motion for jail credit but not for the reason stated by the trial court.
When Knight escaped, the sentence he was serving was tolled. Once he was captured and taken into custody, he resumed serving his original sentence. See Adams v. Wainwright, 275 So. 2d 235 (Fla.1973). Therefore, he is entitled to credit against his original sentence for the time he spent incarcerated in county jails after his capture. However, because the Department of Corrections has the responsibility of granting credit after sentencing, the relief Knight seeks must be sought through administrative proceedings and not through a motion to correct illegal sentence filed in the trial court. See Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994); Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983).
Affirmed.
BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.
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Stokes v. State, 851 So. 2d 788 (Fla. 2d DCA 2003)…ebruary 19, 2001. The relief he seeks regarding jail time spent after sentencing must be sought through administrative proceedings with the Department of Corrections. See Monroe v. State, 842 So. 2d 265, 265 n. 1 (Fla. 2d DCA 2003); Knight v. State, 681 So. 2d 772, 773 (Fla. 2d DCA 1996). Accordingly, the trial court was correct in denying Stokes’ motion. Affirmed. FULMER and SALCINES, JJ., Concur.…
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Street v. State, 693 So. 2d 695 (Fla. 2d DCA 1997)…, 822 (Fla. 2d DCA 1983). Therefore, the relief Street seeks regarding jail time spent after sentencing must be sought through administrative proceedings and not through a motion to correct illegal sentence filed in the trial court. Knight v. State, 681 So. 2d 772, 773 (Fla. 2d DCA 1996). This case is remanded to the trial court to reconsider Street’s claim regarding presen-tencing jail credit. If the trial court again denies the motion, it shall attach those documents that conclusively refute the jail credi…
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Milne v. State, 807 So. 2d 725 (Fla. 4th DCA 2002)…finding that the time awaiting an escape trial is a mandatory continuation of the original sentence as a matter of law, so a defendant is due credit for time served in county jail between capture and completion of the escape trial); Knight v. State, 681 So. 2d 772 (Fla. 2d DCA 1996)(noting that the DOC has the responsibility of granting post-sentencing jail credit through administrative proceedings); see also Moreland v. State, 700 So. 2d 800, 801 (Fla. 4th DCA 1997) (same). Accordingly, we affirm without p…
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- Adams v. Louie L. Wainwright, 275 So. 2d 235 (Fla. 1973)
- Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)
- Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994)