ADRIAN WATTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the revocation of probation and 60-month sentence but remanded for clarification of credit for time served, as the written sentencing memorandum did not reflect the trial court's oral pronouncement of credit.
A trial court's oral pronouncement of credit for time served must be reflected in the written sentencing documents, and remand is required when the written memorandum fails to include all credited time.
[1] A defendant is entitled to credit for all time spent in jail prior to sentencing, including time served as a special condition of probation, and the written sentencing me…
Previewing 1 of 1 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“I will give him credit for the time that he served ... as a special condition of his probation and also any time in custody.”
Trial court's oral pronouncement of credit for time served at sentencing on September 14, 1998.
Adrian Watts was sentenced to 60 months in the Department of Corrections on September 14, 1998. The trial court orally stated it would give him credit…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Memorandum cases and more on FLexlaw
FULMER, Judge.
Adrian Watts appeals his revocation of probation and his sentence of sixty months’ imprisonment. Because the record does not reflect fundamental error in the conviction and the trial court did not abuse its discretion in denying Watts’s motion for a continuance, we affirm the revocation. However, because the written sentencing memorandum does not reflect the orally pronounced credit for time served, we remand for clarification of the appropriate credit.
In sentencing Watts on September 14, 1998, the trial court orally stated:
I will sentence him to 60 months in the Department of Corrections. I will give him credit for the time that he served ... as a special condition of his probation and also any time in custody. I believe he said from May 22nd, 1998. Give him credit for that.
The sentencing documents allow Watts credit for 121 days but do not appear to give him credit for the time served in jail originally, as a special condition of probation. Therefore, we remand to the trial court to clarify the appropriate credit for time served. See Vasquez v. State, 748 So. 2d 1092 (Fla. 4th DCA 2000) (defendant is entitled to credit for all time spent in jail prior to sentencing).
Affirmed in part, reversed in part, and remanded.
CAMPBELL, A.C.J., and STRINGER, J., Concur.