KERRY LANE NICHOLS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appellant Nichols was entitled to 440 days credit for time served in two concurrent cases where credit was erroneously omitted, and the case is remanded for correction of the sentencing order.
A defendant sentenced to concurrent sentences must receive the same credit for time served in all cases, and the sentencing order must be corrected to reflect 440 days credit in cases where it was omitted.
[1] A defendant receiving concurrent sentences is entitled to identical credit for time served in all concurrent cases, and the sentencing order must be amended to reflect su…
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Join FLexlaw to unlock all legal intelligenceNichols was sentenced in multiple cases and received 440 days credit for time served in some cases, but was not given this credit in two concurrent ca…
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PER CURIAM.
CONFESSION OF ERROR
By way of a motion pursuant to Rule 3.800, Fla. R.Crim. P., appellant Kerry Lane Nichols appeals the denial of his pro se motion for credit for time served prior to sentencing. Nichols was sentenced in case numbers 92-4278, 92-6584, 94-1767 and 94-3977 and was given 440 days credit for time spent in jail prior to sentencing. Nichols, however, was also sentenced to five years imprisonment in case numbers 95-34451 and 95-34452, which sentences were to run concurrent with the sentence imposed in 92-4278. Nichols, however, was never given 440 days credit for time served in either case numbers 95-34451 or 95-34452 and he assigns this as error. The state properly concedes that this cause must be remanded for the sentencing order to reflect a 440 day credit for time served in case numbers 95-34451 and 95-34452 as well.
Nichols additionally asserts that he is entitled to an additional 22 days credit for time served that he spent between sentencing and delivery to the Department of Corrections. We note from the record, however, that Nichols never raised this issue below and we are without jurisdiction to entertain this issue for the first time on appeal. Consequently, on the remand of this cause, Nichols may raise this issue with the court below.
Remanded with instructions.
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Phillips v. State, 696 So. 2d 545 (Fla. 3d DCA 1997)…he trial court, defendant took the position that this offense had been properly classified as a first degree felony. Since defendant’s argument on this issue was not raised in the trial court, we do not reach it on this appeal. See Nichols v. State, 693 So. 2d 725 (Fla. 3d DCA 1997). Our affir-mance is without prejudice to defendant to present this issue to the trial court by another motion for postconvietion relief. We express no opinion on the merits. Affirmed; remanded for correction of judgment.…