RODNEY HAMPTON A/K/A RUDOLPH ANTHONY ASKEW A/K/A RAYMOND BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Hampton appeals the summary denial of his motion for jail credit under Fla. R. Crim. P. 3.800(a), claiming he is entitled to credit for time spent in various county jails in connection with Hardee County charges. The court affirms but finds the motion procedurally deficient and remits the case for proper refiling with an opportunity to establish entitlement through court records.
The court affirms the denial because Hampton's motion fails to comply with pleading requirements established in State v. Mancino. However, the court holds that if Hampton's Hardee County sentence runs concurrently with his Collier County sentence and Hardee County issued a warrant, he would be entitled to jail credit from the warrant date even while incarcerated on unrelated charges in another county.
[1] A defendant held in county jail on new charges is entitled to jail time credit on concurrent sentences for a probation violation from another county if a hold was placed…
[2] Jail time credit awarded on a sentence to be served concurrently must also be reflected on other concurrent sentences, regardless of whether the sentences originate from…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“from the time a warrant is transmitted or issued to another county and that county incarcerates the defendant on unrelated charges, that defendant...is deemed to be in custody on the warrants from both counties and therefore entitled to jail credit on concurrent sentencing”
Establishes the legal standard for jail credit eligibility when defendant is incarcerated on unrelated charges in multiple counties with concurrent sentences.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHampton was arrested on Hardee County charges while incarcerated in Hillsborough County jail. He was later released on his own recognizance from Hills…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Rodney Hampton appeals the summary denial of his motion for jail credit, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Hampton claims that he is entitled to credit for time spent in the Hillsborough County jail based on his arrest for the Hardee County charge at issue in this case. Hampton further alleges that, before sentencing, he was released on his own recognizance from the Hillsbor-ough County jail, and subsequently arrested in an unrelated case in Collier County. He also seeks credit from the date Hardee County placed a hold on him while he was in the Collier County jail, until the date he was sentenced in this case. The circuit court denied Hampton’s motion on the ground that a defendant is not entitled to time on a hold while under other sentence or charges. The court attached nothing to its order of denial.1
Given the limited record before us, we cannot tell whether Hampton is entitled to additional jail credit. We do not know whether Hardee County issued a warrant in connection with its issuance of a hold while Hampton was incarcerated in the Collier County jail. Nor do we know whether Hampton’s Hardee County sentence runs concurrently with his Collier County sentence. If both of these things happened, Hampton would be entitled to jail credit from the date a warrant issued on the Hardee County charges even if, at the time, he was being held in the Collier County jail on unrelated charges. See Travis v. State, 724 So. 2d 119, 120 (Fla. 1st DCA 1998)(holding that “from the time a warrant is transmitted or issued to another county and that county incarcerates the defendant on unrelated charges, that defendant...is deemed to be in custody on the warrants from both counties and therefore entitled to jail credit on concurrent sentencing”); Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)(reversing summary denial of rule 3.850 motion where appellant was entitled to jail credit for time spent in the Alachua County jail, from date he was arrested on Volusia County charges, not from date detainer was issued).
Nevertheless we must affirm the circuit court’s order because Hampton’s motion fails to satisfy the pleading requirements of State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). Our affirmance is without prejudice to Hampton’s ability to file a proper rule 3.800(a) motion in the circuit court which alleges that the court records demonstrate on their face an entitlement to relief. See Spivey v. State, 737 So. 2d 604 (Fla. 1st DCA 1999); Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999). If Hampton files such a motion, the circuit court should consult Hampton’s court file and his jail records in determining whether relief is warranted. See Hidalgo v. State, 729 So. 2d 984, 986 (Fla. 3d DCA 1999) (holding circuit court should examine court file and, if necessary, jail card to determine whether defendant is entitled to additional credit for time served).
Affirmed.
NORTHCUTT, A.C.J., and GREEN and CASANUEYA, JJ., Concur. . The circuit court’s order comes close to being the type of "rubber-stamp” denial that this court has disapproved for use on motions seeking postconviction relief. See, e.g., Parnell v. State, 642 So. 2d 1092 (Fla. 2d DCA 1994). Because the order appears to contain a clerk's filing date, we deem it to be sufficiently rendered so that we may review it.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)…nty if held on a Pinellas County arrest warrant while in Hernando County jail); Medina v. State, 779 So. 2d 357 (Fla. 2d DCA 2000) (holding defendant entitled to credit from the date he was arrested on probation violation warrant); Hampton v. State, 746 So. 2d 1191 (Fla. 2d DCA 1999) (stating that defendant entitled to credit from date warrant issued); Bank v. State, 632 So. 2d 640, 641 (Fla. 2d DCA 1994) (“In some circumstances, a defendant may be entitled to presentence credit extending back to the filing of…
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Deese v. State, 782 So. 2d 488 (Fla. 2d DCA 2001)…illsborough County detain-er was placed on him in Escambia County. We nevertheless affirm the order of the trial court because Deese failed to allege that the court records on their face demonstrate his entitlement to relief. See Hampton v. State, 746 So. 2d 1191 (Fla. 2d DCA 1999), receded from on other [*489] grounds, Bryant, 26 Fla. L. Weekly D693, — So. 2d-. Our affirmance is without prejudice to any right Deese might have to file a facially sufficient motion for jail credit under rule 3.800. See Hampton…1 / 2
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Parnell v. State, 642 So. 2d 1092 (Fla. 2d DCA 1994)
- Crompton v. State, 728 So. 2d 1188 (Fla. 1st DCA 1999)
- Spivey v. State, 737 So. 2d 604 (Fla. 1st DCA 1999)
- Gulfside Props. Corp. v. Chapman Corp., 737 So. 2d 604 (Fla. 1st DCA 1999)