ROBERT HENRY THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court remanded for correction of sentencing documents to reflect trial court's oral pronouncement awarding gain time and credit for all time served, not just pre-sentencing jail time.
A sentencing document must be corrected to reflect the trial court's oral pronouncement awarding credit for all time served, including prior incarceration, not merely time served awaiting the instant sentence.
[1] A sentencing document must be corrected to conform to the trial court's oral pronouncement awarding credit for time served, even when the written form fails to reflect th…
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Join FLexlaw to unlock all legal intelligence“Give him credit for any time he served in jail and any time he's entitled as a matter of law.”
Trial court's oral pronouncement at sentencing hearing regarding credit for time served.
Appellant was sentenced to ten years' incarceration and five years' probation in 1990. After release on probation, he violated it and received a five-…
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CAMPBELL, Acting Chief Judge.
Appellant challenges the trial court order revoking his probation. The only issue raised on appeal is whether appellant received the appropriate amount of gain time and credit for time served upon revocation of his probation. In 1990, appellant was sentenced to ten years’ incarceration and five years’ probation. After completion of the incarcerative portion of his sentence, he was released on probation. Appellant subsequently violated his probation, and was placed on community control and probation as part of a five-year suspended sentence. Appellant again violated community control and was sentenced to five years’ incarceration. At the sentencing hearing, the trial court stated, “Give him credit for any time he served in jail and any time he’s entitled as a matter of law.” The sentencing form only reflects that appellant be given 216 days of credit for time served awaiting imposition of the instant sentence. It does not direct that appellant receive credit for all previous time served in prison prior to resentencing.
Accordingly, we remand this case with directions that the sentencing document be corrected to reflect the trial court’s oral pronouncement. In all other respects we affirm.
PATTERSON and NORTHCUTT, JJ., Concur.