JEFFREY ROWAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the order revoking probation but reversed the sentence to properly determine jail credit.
The defendant was sentenced to fifteen years imprisonment for sexual battery with a deadly weapon. The written sentence did not reflect the oral prono…
The full statement of facts, procedural history, and disposition for this case are member content.
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[*418] PER CURIAM.
Jeffrey Rowan appeals an order revoking his probation and imposing a sentence of fifteen years’ imprisonment for a sexual battery with a deadly weapon that occurred in 1988. His counsel filed an An-ders 1 brief. Mr. Rowan filed his own brief arguing, in part, that the trial court failed to give him proper credit for time served and gain time. We affirm the order revoking his probation but reverse the sentence for a proper determination of jail credit.
At the sentencing hearing, the trial court orally announced that Mr. Rowan was entitled to all jail .and prison credit appropriate for this sentence. The written sentence, however, reflects only jail credit of 774 days and no prison credit. This appears to be a scrivener’s error that combines jail and prison credit. Because Mr. Rowan’s original offense occurred in 1988, a time when neither the Department of Corrections nor the court could forfeit gain time, it appears that Mr. Rowan is entitled to significant prison credit in addition to any jail credit. See Dowdy v. Singletary, 704 So. 2d 1052, 1054 (Fla.1998).
Accordingly, we remand for a new determination of jail credit. The trial court need not calculate prison credit so long as the trial court checks the standard box allowing all appropriate prior prison credit.
Affirmed in part, reversed in part, and remanded.
ALTENBERND, A.C.J., and WHATLEY, J., and DANAHY, PAUL W., (Senior) Judge, Concur. . See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Rowan v. State, 791 So. 2d 40 (Fla. 2d DCA 2001)…the middle of the permitted range. On direct appeal, this court affirmed the revocation of probation but remanded to the trial court to give Rowan credit for the prison time he had served on the earlier 1995 revocation of probation. Rowan v. State, 779 So. 2d 417 (Fla. 2d DCA 2000). In this rule 3.800 motion, Rowan argues for the first time that the assessment of forty points for victim injury on his original scoresheet was error because victim injury points were not properly assessed for penetration at the…
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Crandall v. State, 2017 WL 1927723 (Fla. 2d DCA 2019)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Dowdy v. Singletary, 704 So. 2d 1052 (Fla. 1998)