RALPH EDWARD CROMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while failure to award jail credit constitutes an illegal sentence, the defendant's motion was deficient in its pleading requirements.
Ralph Crompton, convicted of first-degree murder, sought credit for 283 days spent in jail prior to sentencing. The trial court denied his motion, cit…
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PER CURIAM.
Ralph Edward Crompton was convicted of first-degree murder and was sentenced pursuant to section 775.082(1), Florida Statutes (1995), to life imprisonment with no possibility of parole. He filed a rule 3.800(a) motion claiming that he is entitled to 283 days credit for time spent in the county jail prior to sentencing. The trial court denied the motion, stating that Crompton had already filed an identical motion, which the trial court had denied. It also concluded that because Crompton was serving a life sentence without the possibility of parole, the failure to award 283 days credit could not constitute an illegal sentence raisable in a rule 3.800(a) motion. The trial court did not attach a copy of the original motion or its order denying the motion.
Section 921.161(1), Florida Statutes (1995), requires that defendants receive credit for all of the time spent in the county jail before sentence. The statute and case law do not qualify that this provision is not applicable to those serving life sentences without the possibility of parole. The failure to award jail credit for time served before sentencing constitutes an illegal sentence. See State v. Mancino, 714 So. 2d 429 (Fla.1998).
Appellant’s motion, however, fails the pleading requirements of Mancino and Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998). Therefore, we affirm the trial court’s denial of appellant’s rule 3.800(a) motion, but we do so without prejudice to appellant’s ability to file a properly pled rale 3.800(a) motion in the trial court. See Combs v. State, 24 Fla. L. Weekly D260a, 723 So. 2d 931 (Fla. 1st DCA 1999).
ERVIN, ALLEN and DAVIS, JJ., CONCUR.
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Barnishin v. State, 927 So. 2d 68 (Fla. 1st DCA 2006)…2, 483 (Fla. 1st DCA 1994). The trial court denied the motion. Section 921.161(1), Florida Statutes (2004), directs that any person sentenced must receive credit for all time spent in jail prior to the imposition of sentence. See Crompton v. State, 728 So. 2d 1188, 1189 (Fla. 1st DCA 1999) (“The failure to award jail credit for time served before sentencing constitutes an illegal sentence.”). But the precise legal consequences of spending time in jail before initial sentencing can remain unclear until acquitt…
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Cregg v. State, 43 So. 3d 818 (Fla. 1st DCA 2010)…prison sentence on another charge”), Mr. Cregg asserts entitlement to credit for 217 days — the entire period between the date DOC re [*820] ceived the arrest warrant and the date he was sentenced on the new charges. See generally Crompton v. State, 728 So. 2d 1188, 1189 (Fla. 1st DCA 1999) (“The failure to award jail credit for time served before sentencing constitutes an illegal sentence.”). We note initially that the statute on credit for pretrial detention speaks of jail time, not prison time: Section 921…
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Turner v. State, 770 So. 2d 1288 (Fla. 1st DCA 2000)…tence must be corrected to conform to the oral pronouncement. See Mason v. State, 710 So. 2d 82 (Fla. 1st DCA 1998) (in Anders appeal, remanding with directions to conform written probationary order to oral pronouncement). And see Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999) (failure to award jail credit on life sentence without possibility of parole constituted an illegal sentence). Appellant need not be present for this clerical correction. AFFIRMED but REMANDED to correct the written murder sent…
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
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Williamson v. Penni Lane Williamson, 714 So. 2d 1167 (Fla. 3d DCA 1998)
- Baker v. State, 714 So. 2d 1167 (Fla. 1st DCA 1998)
- Pennington v. Caggiano, 723 So. 2d 931 (Fla. 5th DCA 1999)