JAMES TYSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Extradition cases and more on FLexlaw
PER CURIAM.
Appellant seeks review of two orders denying his motions requesting post-conviction relief. We reverse that portion of the Order Denying Motion for Post-Conviction Relief which summarily denied a request for credit for time allegedly spent in custody in Illinois awaiting extradition to Florida pursuant to a warrant charging a violation of probation. Appellant was sentenced for a violation of probation on April 14, 1998. His motion, filed on January 6, 1999, alleged that he should have received credit for time spent in custody in Illinois between November 12, 1997, and March 11, 1998, waiting to be returned to Florida. Contrary to the trial court’s ruling, this claim was timely. It was also appropriately raised by a postcon-viction motion. See Vanderblomen v. State, 709 So. 2d 144 (Fla. 1st DCA 1998). Accordingly, we remand this claim to the trial court for consideration pursuant to the procedure outlined in Kronz v. State, 462 So. 2d 450 (Fla.1985). In all other respects, the Order Denying Motion for Post-Conviction Relief and the Order Denying Motion to Correct Illegal Sentence are affirmed.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
JOANOS, WEBSTER and PADOVANO, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Aller v. State, 792 So. 2d 692 (Fla. 1st DCA 2001)…in light of the state’s argument in its answer brief, the court should consider whether to award jail credit for time incarcerated in another jurisdiction for the Florida offense. See Kronz v. State, 462 So. 2d 450 (Fla.1985). Accord Tyson v. State, 773 So. 2d 593 (Fla. 1st DCA 2000) (reversing portion of order denying request for credit for time in custody in Illinois awaiting extradition to Florida for violation of probation for consideration of Kronz procedure); DeGeso v. State, 771 So. 2d 1264 (Fla. 2d DC…
Authorities Cited
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Reed v. State, 709 So. 2d 144 (Fla. 2d DCA 1998)