WILFRED L. KNOX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case concerns whether a defendant seeking credit for pre-sentence jail time should petition the sentencing court or the Department of Corrections. The appellate court held that the sentencing court is responsible for awarding the correct amount of pre-sentence credit time.
The sentencing court is responsible for awarding the correct amount of pre-sentence jail credit time. The failure to award appropriate credit time is an illegal sentence that can be corrected at any time.
[1] A trial court must award a defendant credit for all time spent in county jail before sentencing.
[2] A trial court's failure to award the correct amount of pre-sentence jail credit time affects the validity of the sentence imposed.
Previewing 2 of 4 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.”
Establishes the trial court's duty to award pre-sentence jail credit.
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced to a year and a day in prison and awarded 55 days of pre-sentence jail credit. He claimed entitlement to 130 days and that the…
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PER CURIAM.
Appellant appeals the summary denial of his motion made pursuant to Rule 3.800, Fla. R.Crim. P. for the denial of presentence jail credit time. Appellant was sentenced on November 17, 1993 to a year and a day in state prison. Prior to sentencing, he had been incarcerated in the county jail since July 9, 1993. At the time of his sentencing, the trial court awarded appellant fifty-five days credit time. Appellant claims, however, that he was entitled to one hundred and thirty days of pre-sentence jail credit time. Appellant asserts that the department of corrections has failed to acknowledge any of his pre-sentence credit time served.
The state responds to appellant’s motion with the argument that appellant must address this issue exclusively with the department of corrections and not with the sentencing court. See Henderson v. State, 632 So. 2d 653 (Fla. 5th DCA 1994) (holding award of credit time after sentencing is matter for department of corrections by way of a writ of mandamus).
While Henderson does hold that the actual award of credit time after sentencing is a matter for the department of corrections, that is not the issue raised by the appellant. Rather, appellant is seeking to have the trial court award him the correct amount of pre-sentence credit time. Florida Statute section 921.161(1) (1993) provides that “the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence.” (emphasis added).
Pre-sentence jail time is a matter which is within the purview of the circuit court and the failure of that court to make a proper award affects the validity of the sentence imposed. Henderson, 632 So. 2d at 653-54.
Furthermore, the failure to award the appropriate credit time is an illegal sentence which may be corrected at any time. Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995).
Therefore based on the foregoing, we remand this cause to the trial court for an appropriate determination of the appellant’s pre-sentence credit time.
Remanded with instructions.
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Citator
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Priester v. State, 711 So. 2d 177 (Fla. 3d DCA 1998)…used to make the claim that the trial court failed to order the correct amount of credit for time served prior to sentencing. See Swyck v. State, 693 So. 2d 618, 619 (Fla. 2d DCA), review granted, 699 So. 2d 1376 (Fla.1997); see also Knox v. State, 692 So. 2d 296, 297 (Fla. 3d DCA 1997). . Circuit court case number 92-40142 and 93-12290. . The sentences were corrected in Priester v. State, 651 So. 2d 1319 (Fla. 3d DCA 1995). . The offenses are third-degree felonies. . The guidelines range is subject to i…
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Aric Antwan Gainer v. State, 693 So. 2d 719 (Fla. 3d DCA 1997)…of 304 days as credit for time served did not include the days he was in the custody of the juvenile detention center. Accordingly, we reverse and remand for a determination of the defendant’s pre-sentence credit for time served. See Knox v. State, 692 So. 2d 296, 297 (Fla. 3d DCA 1997). Reversed and remanded.…
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Olson Joseph v. State, 16 So. 3d 946 (Fla. 3d DCA 2009)…epartment of Corrections incorrectly recorded it. “Pre-sentence jail time is a matter which is within the purview of the circuit court and the failure of that court to make a proper award affects the validity of the sentence imposed.” Knox v. State, 692 So. 2d 296, 297 (Fla. 3d DCA 1997). The defendant also appears to allege that the jailer’s certificate under subsection 921.161(2), Florida Statutes, was incorrect. That claim is also cognizable in a Rule 3.800(a) motion. Sanchez v. State, 745 So. 2d 1007, 10…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Henderson v. State, 632 So. 2d 653 (Fla. 5th DCA 1994)