MANUEL AUGUSTO AZEVEDO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-10-04
No. 2D99-4508
SALCINES, J., and DANAHY, PAUL W. (Senior) Judge, Concur.
769 So. 2d 1112 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 2 cases

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Synopsis

Manuel Azevedo appealed his convictions for resisting arrest with violence, challenging the trial court's denial of his motion to correct his sentence to reflect jail time credit. The appellate court agreed that Azevedo was entitled to credit for time served in Hillsborough County Jail before his Pasco County sentencing, since he was arrested for both offenses on the same date and received concurrent sentences.


Holding

Azevedo is entitled to credit for time served against the Pasco charges from July 21, 1998, the date he was arrested for those offenses. The existence of a prior arrest warrant is irrelevant when a defendant is arrested by officers for offenses committed at the time of arrest and receives concurrent sentences for related charges.


Headnotes

[1] A defendant arrested on charges in one county and held for charges in another county, who receives concurrent sentences for offenses in both counties, is entitled to jail…

[2] The existence of an arrest warrant from a second county is irrelevant for the purpose of awarding jail credit when a defendant is arrested in the first county for offense…

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Key Quotes

“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 foundational principle for jail credit on concurrent sentences cited from Travis v. State

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Facts & Procedural History

On July 21, 1998, Hillsborough County sheriff's deputies pursued Azevedo to arrest him on armed robbery, aggravated battery, and kidnapping charges. T…

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Opinion of the Court
WHATLEY, Acting Chief Judge.

WHATLEY, Acting Chief Judge.

Manuel Azevedo appeals his convictions of resisting arrest with violence. He contends that the trial court erred in denying his motion pursuant to Florida Rule of Criminal Procedure 3.800(b) to correct his sentence to reflect additional jail time credit. We agree and reverse.

The record reflects that on July 21, 1998, Hillsborough County sheriffs deputies conducted a vehicle pursuit of Azevedo in an attempt to arrest him on charges of armed robbery, aggravated battery, and kidnaping. The pursuit ended in Pasco County, where Azevedo was apprehended after a violent struggle with the deputies. A Pasco County complaint affidavit reflects that Azevedo was arrested and booked for battery of a law enforcement officer and resisting arrest with violence on July 21, 1998.1 The affidavit also states that Azevedo was to be held for the Hills-borough County Sheriffs Office. At some point he was transferred to the Hillsbor-ough County Jail.

Azevedo did not receive credit for time served from his arrest on July 21, 1998, when he was sentenced on the Pasco charges to concurrent five-year prison terms. The Pasco sentences state that they are to be served concurrently with any active sentence being served, and at the sentencing hearing, defense counsel stated that Azevedo was currently serving a ten-year sentence on the Hillsborough County charges.

Azevedo contends that he is entitled to credit for time served in the Hillsborough County Jail before he was sentenced on the Pasco County charges because he was arrested for the Pasco and Hillsborough offenses at the same time. See Travis v. State, 724 So. 2d 119, 120 (Fla. 1st DCA 1998) (“[F]rom 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.” (Emphasis in original)). The State argues that Azevedo is not entitled to this relief because he was arrested on only the Hills-borough County charges on July 21, 1998, and the record does not reflect whether he was subject to a Pasco County arrest warrant on that date. We disagree. The existence of an arrest warrant is irrelevant under these facts because Azevedo was arrested by the officers whom he battered and resisted in Pasco County on the date he committed these offenses, July 21, 1998. Because Azevedo received concurrent sentences for the Pasco and Hillsborough County offenses, he is entitled to credit for time served against the Pasco charges from the date he was arrested for them, July 21, 1998.

Accordingly, we reverse Azevedo’s sentence and remand with directions consistent with this opinion.

Reversed and remanded.

SALCINES, J., and DANAHY, PAUL W. (Senior) Judge, Concur. . Pursuant to a plea agreement, the State amended the information to charge Azevedo with two counts of resisting arrest.


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Citator

Cited By

  • Whitaker v. State, 854 So. 2d 249 (Fla. 1st DCA 2003)
    …lant’s claim for jail credit, we reverse and remand with instructions to either grant relief or attach portions of the record conclusively refuting the appellant’s claim. See Thomas v. State, 634 So. 2d 175, 177(Fla. 1st DCA 1994); Azevedo v. State, 769 So. 2d 1112 (Fla. 2d DCA 2000). REVERSED and REMANDED. ALLEN, DAVIS, and BENTON, JJ., concur.…

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