STATE OF FLORIDA, PETITIONER,
v.
GARY SWYCK, RESPONDENT
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A motion to correct an illegal sentence under rule 3.800 can be used to seek jail credit, even if the error does not result in serving beyond the statutory maximum.
A defendant moved to correct his sentence for jail credit. The trial court denied the motion, but the DCA reversed, holding the defendant should recei…
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PER CURIAM.
We have for review the decision in Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997), which the district court certified to be in conflict with the opinions in Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996), Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996), and Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Swyck moved to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.800. Specifically, Swyck claimed that he was not properly credited with time spent in jail prior to the imposition of his sentence. The trial court denied the motion on the grounds it was not cognizable under rule 3.800. On appeal the Second District Court of Appeal held that Swyck must be given credit for twelve days he served in the county jail between the time of his arrest and the time he was sentenced. Swyck, 693 So. 2d at 619. In doing so, the court certified conflict with Berry, Sullivan, and Chaney, which hold that a motion to correct an illegal sentence due to the denial of jail credit cannot be made under, rule 3.800 unless the error would result in the defendant serving in ex cess of the statutory maximum allowed by law.
This Court recently addressed this issue in State v. Mancino, 714 So. 2d 429 (Fla.1998), wherein we approved a Second District decision similar to Swyck.
Accordingly, we approve the decision below.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Collins v. State, 805 So. 2d 73 (Fla. 4th DCA 2002)…g her motions to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which she claimed entitlement to 35 days of jail credit. A claim seeking jail credit is cognizable in a rule 3.800(a) motion. State v. Swyck, 716 So. 2d 767 (Fla.1998). [*74] Here, the trial court order denying relief in both cases failed to attach supporting portions of the record refuting appellant’s claims. This is reversible error. Ford v. State, 801 So. 2d 233 (Fla. 2d DCA 2001); Martin v. State, 7…
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Delbert Martin v. State, 799 So. 2d 343 (Fla. 5th DCA 2001)…ncing the trial court did, in fact, credit the 29 days in jail, but the written judgment and sentence form fails to reflect the 29 days credit. Rather, it reflects credit for only one day. Martin’s motion is legally sufficient. See State v. Swyck, 716 So. 2d 767 (Fla.1998) (claim seeking jail time credit is cognizable in a Rule 3.800(a) motion). The state, in its response, concedes that Martin is entitled to raise his claim under Rule [*344] 3.800(a) pursuant to State v. Mancino, 714 So. 2d 429 (Fla.1998).…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Sullivan v. State, 674 So. 2d 214 (Fla. 4th DCA 1996)
- Artis Berry v. State, 684 So. 2d 239 (Fla. 1st DCA 1996)
- Quinten Edward Chaney v. State, 678 So. 2d 880 (Fla. 5th DCA 1996)
- Swyck v. State, 693 So. 2d 618 (Fla. 2d DCA 1997)