JAMES E. GARRETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to credit for jail time served between arrest and sentencing on an escape charge, but only on one sentence.
James E. Garrett was convicted of escape and sentenced to consecutive imprisonment. He sought credit for time spent in county jail after his arrest on…
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ALTENBERND, Judge.
James E. Garrett appeals the sentence imposed upon his conviction for escape from the St. Petersburg Correctional Facility. The trial court sentenced him to forty-four months’ imprisonment. It ordered this sentence to run consecutively to any active sentence being served, and specified that Mr. Garrett would not receive credit for any time served. Mr. Garrett contends the trial court erred in failing to credit his sentence with time spent in county jail following his arrest on the escape charge.
Mr. Garrett must receive credit for all time served in jail between the time he was arrested on the escape charge and when he was transferred to the Department of Corrections following sentencing. § 921.161(1), Fla.Stat. (1995). He is entitled to credit for this time on only one sentence. See Knight v. State, 517 So. 2d 87 (Fla. 1st DCA 1987). Thus, if the Department of Corrections has credited Mr. Garrett for this time on the sentence that he was serving when he escaped, then he is not entitled to a duplicate credit on the consecutive escape sentence.
We affirm his sentence for escape, but remand the case for clarification on the written sentence to reflect whether Mr. Garrett has otherwise been credited, on any sentence he is presently serving, for this time spent in jail following his arrest for escape.
Affirmed and remanded for clarification.
DANAHY, A.C.J., and FRANK, J., concur.
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Cozza v. State, 756 So. 2d 272 (Fla. 3d DCA 2000)…6(1), Fla. Stat. (1995). The court then is to grant credit for time served, unless such credit has been waived as part of a plea bargain. The trial court also relied on Echols v. State, 660 So. 2d 782, 786 (Fla. 4th DCA 1995), and Garrett v. State, 693 So. 2d 114, 115 (Fla. 2d DCA 1997). In those cases the courts prohibited the defendant from receiving double credit for time served. That issue is likewise not involved here. We reverse the order denying postcon-viction relief and remand for further considera…
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Willis v. State, 742 So. 2d 419 (Fla. 5th DCA 1999)…lis contends that the trial court erred in so ruling, arguing that the trial court should have credited his sentence with, the time he spent in county jail following his arrest on these charges. As Judge Altenbernd aptly noted in Garrett v. State, 693 So. 2d 114 (Fla. 2d DCA 1997), a defendant “must receive credit for all time served in jail between the time he was arrested ... and when he was transferred to the Department of Corrections following sentencing.” Id. at 115. However, “[h]e is entitled to credi…
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Rolle v. State, 935 So. 2d 561 (Fla. 5th DCA 2006)…PER CURIAM. AFFIRMED. See Echols v. State, 660 So. 2d 782, 786 (Fla. 4th DCA 1995), and Garrett v. State, 693 So. 2d 114, 115 (Fla. 2d DCA 1997). PLEUS, C.J., THOMPSON and TORPY, JJ., concur.…
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- COX v. State, 517 So. 2d 87 (Fla. 1st DCA 1987)