DAVID DOWNING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court must affirmatively order prison credit, even if it delegates the calculation to the Department of Corrections.
David Downing appealed the denial of his motion to correct his sentence, arguing he did not receive credit for time served before violating probation.…
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PER CURIAM.
David Downing appeals the summary denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Downing’s motion alleged that he originally received a sentence of incarceration, followed by probation. He subsequently admitted to violating his probation and was sentenced to forty-two months’ incarceration. Downing claimed that when he was sentenced after the revocation of his probation, the trial court did not award state prison credit for time previously served.
The circuit court agreed that Downing should have received credit for any time actually served before he violated his probation. Nevertheless, the court denied the motion. It reasoned that since the probation revocation documents reflected that Downing was a split sentence violator, he should already be receiving the proper credit.
We note, however, that on the judgment and sentence attached to the circuit court’s order the box concerning prison credit is left blank. See Fla. R.Crim.P. 3.986(d). As the Fifth District held in Thistle v. State, 769 So. 2d 1149 (Fla. 5th DCA 2000), “[ajlthough it is permissible for the trial court to delegate to [the Department of Corrections] the administrative task of calculating the amount of prison credit which is due, it is the trial court’s responsibility to order that such credit be provided.” Id. at 1149 (citing Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)). Here, the trial court did not complete its responsibility because it did not place a check in the appropriate box concerning prison credit. Therefore, we reverse the order denying Downing’s motion for relief and remand for correction of the sentence to reflect that he is entitled to prison credit.
Reversed and remanded with directions.
FULMER, A.C.J., and NORTHCUTT and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)…e trial court checked the appropriate box on the sentencing document ordering the Department of Corrections to compute and apply credit for time previously served in prison. See Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002); Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001). Therefore, the trial court has completed its responsibility, and any challenge Armstrong may have regarding the application of prison credit to his sentence should be raised through the appropriate administrative remedies with th…
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Sutton v. State, 838 So. 2d 616 (Fla. 2d DCA 2003)…n a defendant is resen-tenced after violating the probationary portion of a probationary split sentence, it is the responsibility of the trial court to order that defendants receive the prison credit to which they are entitled. See Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001).1 We therefore reverse the order of the trial court in regard to Sutton’s prison credit claim and remand to the trial court for further consideration. If Sutton has not been previously awarded credit in each case for the time he…
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Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002)…iggins’ claim is cognizable in a rule 3.800(a) motion, and he is entitled to credit against the sentences imposed upon revocation of probation for the time he spent in prison on the two counts prior to his release on probation. See Downing v. State, 779 So. 2d 562 (Fla. 2d DCA 2001). We therefore reverse the trial court’s order as it relates to Wiggins’ prison credit claim and remand with instructions to the trial court to correct the sentences to reflect that Wiggins is entitled to prison credit.1 See id. W…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wilson v. State, 603 So. 2d 93 (Fla. 5th DCA 1992)
- Thistle v. State, 769 So. 2d 1149 (Fla. 5th DCA 2000)