JEROME SWAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lebron v. State, 870 So. 2d 165 (Fla. 2d DCA 2004)
  …96 days of jail credit. However, this court has repeatedly held that a trial court may not rescind jail credit previously awarded even if the initial award was improper. See, e.g., Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002); Bailey v. State, 777 So. 2d 995 (Fla. 2d DCA 2000); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). Accordingly, we remand this case to the trial court for it to correct the judgment and sentence and the clerk’s certificate to reflect the 344 days of jail credit initially awar…
• King v. State, 913 So. 2d 758 (Fla. 2d DCA 2005)
  …gal and therefore subject to modification at any time.... Moreover, any attempt to rescind jail credits already awarded constitutes an • enhancement of the defendant’s sentence that violates the prohibition against double jeopardy. Bailey v. State, 777 So. 2d 995, 996 (Fla. 2d DCA 2000); see also Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002). The trial court erred in rescinding Mr. King’s original award of 516 and 534 days of credit in these two cases, respectively. Therefore, we reverse the court’s ord…
• Kopson v. State, 162 So. 3d 93 (Fla. 4th DCA 2014)
  …the first sentence. This results in an increase in the time that appellant has to serve, over what he would have served on the original sentence. Kopson claims that the increase in his sentence violates double jeopardy, relying on Bailey v. State, 777 So. 2d 995 (Fla. 2d DCA 2000). In Bailey, the trial court had corrected the award of jail credit more than sixty days after the sentence was imposed. The defendant filed a motion to correct an illegal sentence, which was denied. On appeal, the court held that…

Authorities Cited

• Burkett v. State, 731 So. 2d 695 (Fla. 2d DCA 1998)