JOHN THISTLE, 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.
Florida appellate court reversed summary denial of jail time credit motion where trial court failed to award prison credit for time served before revocation of split sentence.
Trial court must order that prison credit be provided upon revocation of a split sentence, even though it may delegate the administrative calculation to the Department of Corrections.
[1] Trial court must affirmatively order that prison credit be awarded upon revocation of split sentence, though it may delegate administrative calculation to Department of C…
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“Although it is permissible for the trial court to delegate to DOC the administrative task of calculating the amount of prison credit which is due, it is the trial court's responsibility to order that such credit be provided.”
Court explaining the division of responsibility between trial court and Department of Corrections regarding prison credit.
Thistle was convicted of felony DUI and received a split sentence of incarceration followed by probation. He later violated probation and was sentence…
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 Prison Credit cases and more on FLexlaw
PER CURIAM.
John Thistle appeals the summary denial of his motion for jail time credit filed pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. After Thistle was convicted of felony DUI, he alleges that he received a split sentence of incarceration followed by probation. Neither the state nor the trial court dispute that assertion. Thistle later admitted to violating his probation, and was sentenced to 41 months incarceration. Thistle asserts that upon being sentenced after the revocation of the probationary portion of his split sentence, the court did not award state prison credit for time previously served. Thistle claims that the sentencing error is clear on its face, as the trial court on the sentencing form did not place a check on the appropriate line concerning prison credit. See Fla. R.Crim. P. 3.986(d).
Although it is permissible for the trial court to delegate to DOC the administrative task of calculating the amount of prison credit which is due, it is the trial court’s responsibility to order that such credit be provided. See Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992). We therefore reverse the order denying relief, and remand for correction of the sentence.
REVERSED AND REMANDED.
THOMPSON, C.J., COBB, and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001)…be receiving the proper credit. We note, however, that on the judgment and sentence attached to the circuit court’s order the box concerning prison credit is left blank. See Fla. R.Crim.P. 3.986(d). As the Fifth District held in Thistle v. State, 769 So. 2d 1149 (Fla. 5th DCA 2000), “[ajlthough it is permissible for the trial court to delegate to [the Department of Corrections] the administrative task of calculating the amount of prison credit which is due, it is the trial court’s responsibility to order th…
-
Newman v. State, 866 So. 2d 751 (Fla. 5th DCA 2004)…f Appeal reversed and remanded with instructions to the trial court to exercise its responsibility to place a check in the appropriate box concerning prison credit. See also Downing v. State, 779 So. 2d 562, 563 (Fla. 2d DCA 2001); Thistle v. State, 769 So. 2d 1149 (Fla. 5th DCA 2000) (“Although it is permissible for the trial court to delegate to [the Department of Corrections] the administrative task of calculating the amount of prison credit which is due, it is the trial court’s responsibility to order that…
-
Bryant v. State, 240 So. 3d 55 (Fla. 3d DCA 2018)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)