ANDREW CORPUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Corpus's convictions for attempted sexual battery and lewd fondling but remanded to correct the trial court's failure to award prison credit for time served before retrial.
A trial court must award prison credit on the sentencing form when a defendant has served time in prison on charges for which he is reconvicted after a successful appeal.
[1] When a defendant is reconvicted after a successful appeal and remand for new trial, the trial court must award prison credit on the sentencing form to enable the Departme…
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Join FLexlaw to unlock all legal intelligenceCorpus was originally sentenced in March 1997, but this court reversed his convictions and remanded for retrial. Upon retrial and reconviction in 1999…
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PATTERSON, Chief Judge.
We affirm Andrew Corpus’s judgment and sentence for attempted sexual battery and two counts of lewd fondling, but remand for correction of credit for time served in prison.
Corpus was originally sentenced in March 1997 on these charges. This court reversed his convictions and remanded for a new trial. See Corpus v. State, 718 So. 2d 1266 (Fla. 2d DCA 1998). Thus, when Corpus was retried, convicted, and sentenced in 1999, he had already served time in prison on the charges.
Corpus contends that the trial court failed to give him credit for time served in prison, and in doing so, deprived him of any gain time he may have earned. The sentencing form dated January 26, 1999, reflects 653 days of jail credit, but the prison credit box is not checked. The trial court then entered an amended judgment and sentence which reflects 1,245 days of jail credit, apparently converting the time served in prison to jail credit, but does not direct the Department of Corrections to award prison credit.
We direct the trial court on remand to vacate the amended judgment and sentence and to check the prison credit box on the original sentencing form so that Corpus receives prison credit and gain time earned, if any, from the Department of Corrections.
Affirmed and remanded.
PARKER and GREEN, JJ., Concur.
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Yarbrough v. State, 926 So. 2d 448 (Fla. 1st DCA 2006)…served on the incarcerative portion of a split sentence. A defendant is entitled to credit for time he has already served on the incarcerative portion of a split sentence. Pierson v. State, 801 So. 2d 1055 (Fla. 1st DCA 2001); See Corpus v. State, 744 So. 2d 594 (Fla. 2d DCA 1999) (noting that a defendant is entitled to prison credit for time already served in prison on the charges). The trial court failed to attach any documents, such as the written judgment and sentence, that conclusively establish that t…
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NIX v. State, 941 So. 2d 568 (Fla. 1st DCA 2006)…. State, 845 So. 2d 314 (Fla. 2nd DCA 2003)(re-manding the denial of a rule 3.800(a) motion for the trial court to check the prison credit box so that the appellant would be awarded time served on the charges prior to resentencing); Corpus v. State, 744 So. 2d 594, 595 (Fla. 2d DCA 1999) (remanding to trial court to check the prison credit box on the sentencing form). We accordingly reverse and remand for the trial court to resentence the appellant and award prison credit for his time served prior to his vi…
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Morgan v. State, 99 So. 3d 999 (Fla. 1st DCA 2012)…to resentencing). If a defendant is entitled to prison credit the trial court must check the box on the sentencing form indicating the prisoner is entitled to prison credit.1 Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003); Corpus v. State, 744 So. 2d 594 (Fla. 2d DCA 1999). After this is done the trial courts responsibility is over and the appellant must raise any problem he has with the application of the prison credit with the Department of Corrections. Armstrong, 846 So. 2d at 1227. Because the r…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Corpus v. State, 718 So. 2d 1266 (Fla. 2d DCA 1998)