PAMERESE D. ROGERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*135] PER CURIAM.
Pamerese Rogers appeals the summary denial of her motion, pursuant to Fla. R. Crim. P. 3.850, seeking credit for five days jail time served prior to a resentencing hearing at which her original sentence was vacated and a new sentence was entered. The trial court denied the motion, stating such credit should be sought through the Department of Corrections. We reverse. Section 921.161(1) Fla. Stat. provides that “the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” Therefore, the order entered below is reversed and this cause is remanded for further proceedings consistent with this opinion.
REVERSED and REMANDED.
BOOTH, MINER and VAN NORTWICK, JJ., CONCUR.
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Mac W. Stuart v. State, 771 So. 2d 1252 (Fla. 3d DCA 2000)…prison and county jail after the trial court’s vacation of the original sentence until the resentencing (March 7-April 12, 2000), which time would properly be considered pre-sentencing jail time with respect to the new sentence, see Rogers v. State, 736 So. 2d 134 (Fla. 1st DCA 1999)(following resentencing after vacation of original sentence, trial court, not Department of Corrections, should consider claim for and award credit for time spent in jail awaiting resentencing; such time is considered “pre-sentenc…