JACK COX BELCHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to credit for time actually served on an initial prison sentence towards subsequent sentences imposed for probation violations.
The defendant was sentenced on three felony informations, serving a prison term on one and probation on others. After violating probation, he was rese…
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PER CURIAM.
Jack Belcher seeks review of the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the tidal court failed to award him credit for time previously served, we reverse.
Belcher-alleges that he was sentenced in one proceeding on three separate felony in-formations with consecutive trial court case numbers. On one information he was sentenced to 3½ years in prison and on the others to two concurrent terms of probation which would run consecutively to the prison sentence.
He completed his prison term and then violated the concurrent probations. He was again sentenced to prison and, at least on some of the counts, was denied credit for the time he had first served on the 3½ year term. Belcher is entitled to the time actually served on the prison sentence first imposed to be credited toward those sentences he is currently serving for violating probation. Tripp v. State, 622 So. 2d 941 (Fla.1993).
If his crimes were committed before October 1, 1989, he is entitled as well to any gain time granted during the service of that initial sentence pursuant to section 944.275, Florida Statutes (1989). Tripp, 622 So. 2d at 942-43, n. 2; Cook v. State, 645 So. 2d 436, 438, n. 6 (Fla.1994). And while the trial court may delegate to the Department of Corrections the responsibility to determine the number of days to be credited, it is the court’s responsibility to decide a prisoner’s entitlement to prison credit for any such unforfeited gain time. Hough v. State, 671 So. 2d 839 (Fla. 2d DCA 1996).
Reversed and remanded.
SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., concur.
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Waymon M. Swilley v. State, 781 So. 2d 458 (Fla. 2d DCA 2001)…first trial court order correctly stated that both motions were filed pursuant to rule 3.800(a). Moreover, both issues are properly raised in a rule 3.800(a) motion. See Schebel v. State, 721 So. 2d 1177, 1177 (Fla. 1st DCA 1998); Belcher v. State, 685 So. 2d 1343, 1343 (Fla. 2d DCA 1996); Tipper v. State, 674 So. 2d 934, 934 (Fla. 3d DCA 1996). See also Davis v. State, 661 So. 2d 1193, 1196 (Fla.1995) (holding that a sentence that exceeded the maximum period set forth by law may be corrected by a rule 3.800(…
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Griffith v. State, 706 So. 2d 902 (Fla. 2d DCA 1998)…16, 1991, sentencing for a violation of probation in case number 88-047 the trial court failed to properly credit him with prior prison time served. This is an issue which may be raised in a motion to correct illegal sentence. See Belcher v. State, 685 So. 2d 1343 (Fla. 2d DCA 1996). Relying upon Tripp v. State, 622 So. 2d 941 (Fla.1993), Griffith contends that upon his sentencing for violation of probation in case number 88-047, he was entitled to credit for the 4]£ years previously served in case number 8…
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Dawes v. State, 687 So. 2d 870 (Fla. 2d DCA 1997)…ate to the Department of Corrections (DOC) the responsibility to determine the number of days to be credited, it is the court’s responsibility to decide a defendant’s entitlement to prison credit for any such unforfeited gain time. Belcher v. State, 685 So. 2d 1343 (Fla. 2d DCA 1996). If the trial court’s sentencing order allows credit for all time previously served, DOC must include credit for unforfeited gain time. Forbes v. Singletary, 684 So. 2d 173 (Fla.1996). We reverse because the trial court did not…
Authorities Cited
- Tripp v. State, 622 So. 2d 941 (Fla. 1993)
- Cook v. State, 645 So. 2d 436 (Fla. 1994)
- Hough v. State, 671 So. 2d 839 (Fla. 2d DCA 1996)