CHARLES D. DONALDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Donaldson's resentencing after Florida Supreme Court reversal of his death sentence is affirmed, but remanded to correct sentencing credit calculations on certain counts.
Donaldson's resentencing to life without parole on murder counts and specified terms on kidnapping and child abuse counts is affirmed, but the trial court must correct its failure to award jail credit on Counts II, IV, and VI.
[1] A defendant is entitled to jail credit on all counts designated to run concurrent to a sentence, regardless of whether the concurrent counts are designated to run to diff…
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Join FLexlaw to unlock all legal intelligenceDonaldson was resentenced after the Florida Supreme Court reversed his death sentence. The state elected not to seek death on two first-degree murder …
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PER CURIAM.
Charles D. Donaldson was resentenced after the Florida Supreme Court reversed his death sentence for a new penalty phase proceeding,1 and he appeals. The state elected not to seek the death penalty on the two first degree murder counts, Counts I and II, and Donaldson was given two consecutive sentences of life without parole eligibility. For the two counts of armed kidnaping with a firearm, Counts III and IV, Donaldson was sentenced to 325.1 months with a three-year minimum mandatory. For the last two counts of aggravated child abuse, Counts V and VI, Donald was sentenced to 325.1 months imprisonment. Counts III and V were designated to run concurrent to Count I, and on Counts I, III, and V, Donaldson was given credit for 680 days jail credit and unenu-merated credit for all previously served prison' time. Counts IV and VI were designated to run concurrent to Count II, but Donaldson was not given jail credit on Counts II, IV and VI. On remand, Donaldson’s sentence will be corrected to reflect credit for 680 days jail time and unenu-merated credit for all previously served prison time on Counts II, IV and VI. In all other respects, his sentences are affirmed. Donaldson need not be present for the correction of his sentencing papers.
AFFIRMED in part, REVERSED in part, and REMANDED for correction of sentence.
KAHN AND BENTON, JJ„ CONCUR and SHIVERS, DOUGLASS B., Senior Judge, CONCURS.
. Donaldson v. State, 722 So. 2d 177 (Fla. 1998).'
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Citator
Cited By
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Henry v. State, 930 So. 2d 716 (Fla. 1st DCA 2006)…it on Appellant’s 15-year sentence. We note that when a trial court strikes a portion of a sentence or otherwise makes some (even non-clerical) correction that benefits the defendant, the defendant’s presence is not required. See Donaldson v. State, 751 So. 2d 174 (Fla. 1st DCA 2000) (amending sentence to allow credit for jail time). Consequently, the trial court can make the corrections to Appellant’s sentence without his presence. AFFIRMED in part, REVERSED in part, and REMANDED. ERVIN and PADOVANO, JJ.,…
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Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001)…y proceed in the defendant’s absence. Similarly, when a trial court strikes a portion of a sentence or otherwise makes some (even non-clerical) correction that benefits the defendant, the defendant’s presence is not required. See Donaldson v. State, 751 So. 2d 174, 174 (Fla. 1st DCA 2000)(emending sentence to allow credit for jail time); State v. Arduengo, 609 So. 2d 651, 653 (Fla. 2d DCA 1992)(permitting “[Revision [downward] or deletion of the ancillary provision retaining jurisdiction to deny parole”). Th…
Authorities Cited
- Donaldson v. State, 722 So. 2d 177 (Fla. 1998)