WILLIAM R. PENNY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Penny appealed the denial of his motion for correction of an illegal sentence, claiming he was entitled to additional jail credit for time served while under a probation violation hold from another county. The Florida District Court of Appeal reversed, finding that under Pearson v. State, Penny was entitled to jail credit for time served under the out-of-county hold, even though formal arrest did not occur until after he completed his sentence in the first county.
Penny was entitled to jail credit for time served under the Escambia County hold from July 16, 1996, through June 4, 1997, in accordance with Pearson v. State and Travis v. State. The trial court's reliance on the fact that official arrest did not occur until after Holmes County sentencing was improper and had no bearing on Penny's right to jail credit while under the out-of-county hold.
[1] A defendant is entitled to jail credit for time spent incarcerated while awaiting trial or sentencing on new charges, even if a warrant for violation of probation was iss…
[2] The issuance of a warrant for violation of probation triggers the defendant's right to jail credit for time spent incarcerated on other charges, regardless of when the wa…
Previewing 2 of 4 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“The fact that Appellant was not officially arrested until after sentencing in Holmes County has no bearing on his right to jail credit while under Escambia County's hold.”
Establishes the key principle that formal arrest timing does not affect entitlement to jail credit for time served under a probation violation hold from another county.
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Join FLexlaw to unlock all legal intelligencePenny was on probation for Escambia County crimes when arrested in Holmes County for new crimes. Escambia County issued a warrant for violation of pro…
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PER CURIAM.
Appellant appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion for correction of an illegal sentence. We reverse.
Appellant alleged that, pursuant to Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989), he was entitled to as many as 428 more days of jail credit for the sentences imposed following his violation of probation. While he was on probation for crimes committed in Escambia County, Appellant was arrested for new crimes in Holmes County. From the attachments to Appellant’s motion and the Clerk’s docket attached by the trial court, it appears that Escambia County issued a warrant for Appellant’s arrest for violation of probation on July 16, 1996. Also, there is a signed Sentencing Recommendation from the Assistant State Attorney from Holmes County indicating that Escambia County had a hold placed on him while he was awaiting adjudication in Holmes County.
Appellant entered a plea in the Holmes County cases in exchange for a time-served sentence of 428 days plus three years of probation. Having completed his jail time in Holmes County, Appellant was then arrested by Escambia County deputies on June 4, 1997. At his VOP hearing, the trial court acknowledged that the warrant had been issued on July 16, 1996, and the statement from the Assistant State Attorney was discussed. However, when Appellant was sentenced, he received jail credit only for the time he spent in the Escambia County jail.
The trial court found that Pearson did not apply because the record did not indicate that Holmes County had ever received the warrant before Appellant was arrested on June 4, 1997. However, its attachments to the order do not refute Appellant’s citation to the Sentencing Recommendation and the trial court’s own statements which were made at the violation of probation hearing. The record indicates that the warrant was issued on July 16,1996. Finally, the fact that Appellant was not officially arrested until after sentencing in Holmes County has no bearing on his right to jail credit while under Escambia County’s hold. See Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998). The record before this court indicates an entitlement to as many as 323 more days of jail credit (July 16, 1996 — June 4, 1997).
Accordingly, we REVERSE the order on appeal and REMAND for further proceedings consistent with this opinion, Travis, and Pearson.
BOOTH, MINER and VAN NORTWICK, JJ„ CONCUR.
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Gethers v. State, 838 So. 2d 504 (Fla. 2003)…QUINCE, J. We have for review the opinion in Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001), which certified conflict with the opinions in Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001), and Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set forth below, we approve the Fourth District’s decision and hold that absent the execution of an arrest warrant, a defendant who is in jail in a specifi…1 / 2
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Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)…e credit applies. Two recent cases have extended Daniels to the situation where a defendant is in jail in county A and a hold or detainer is placed on the defendant by county B. See Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001); Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000). Both cases hold that a defendant is entitled to credit against a county B sentence for all time spent in county A’s jail after the placement of county B’s detainer. Bryant relied on Penny and that opinion cited only Travis v. S…1 / 2
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Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)…he defendant is incarcerated in another county, there is conflict between the district courts of appeal as to whether credit should be awarded from the date a detainer was issued or the date a defendant was actually arrested. Compare Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000) (holding defendant entitled to credit while under another county’s hold even if not officially arrested), and Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998) (holding defendant entitled to jail credit when warrant is transmit…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989)