JEFFREY T. BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to jail credit for time served while incarcerated in one county under a detainer from another county, even if not officially arrested in the second county.
[1] A defendant may be entitled to jail credit for time served in one county when a detainer for charges in another county has been placed on them.
[2] The issuance of a detainer can be sufficient to establish a defendant's entitlement to jail credit, even if the defendant has not been officially arrested in the jurisdic…
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Join FLexlaw to unlock all legal intelligenceJeffrey T. Bryant sought postconviction relief for additional jail credit, alleging he was entitled to credit from the date a detainer was placed on h…
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EN BANC
BLUE, Judge.
Jeffrey T. Bryant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he seeks additional jail credit. We reverse.
In his motion, Bryant stated that while he was incarcerated in Escambia County in August 1998, a detainer was placed on him for a violation of probation case from Hillsborough County. Bryant alleged that after he was sentenced on his Escambia County case, he was transferred to the Department of Corrections. He was then transferred to Hillsborough County and, on July 7, 1999, was sentenced on the violation of probation. Bryant seeks credit for time served on the Hillsborough County case from the date the detainer was placed on him in Escambia County.
The trial court concluded that, because the time Bryant spent in Escambia County did not involve Hillsborough County charges, Bryant was not entitled to the additional credit. The trial court’s order does not include any attachments that conclusively refute Bryant’s claim. The record does contain Escambia County’s verification of incarceration reflecting that Bryant was incarcerated there from August 7, 1998, through March 23, 1999. This document, however, does not contain any information related to the Hillsbor-ough County charges and so fails to refute Bryant’s claim.
When a defendant seeks jail credit on a case for the time that the 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 transmitted or issued to another county and that county incarcerates the defendant on unrelated charges), and Pearson v. State, 538 So. 2d 1349, 1350 (Fla. 1st DCA 1989) (holding that where first county’s warrant was transmitted to second county that was holding defendant in jail, “defendant deemed to be in custody under warrants for both counties”), with Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992) (holding that defendant entitled to jail time credit from the date of arrest on warrant, not from the date detainer issued).
See also Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991) (citing to Pearson for holding that defendant entitled to credit from time detainer issued); Tharpe v. State, 744 So. 2d 1256, 1257 (Fla. 3d DCA 1999) (noting different opinions between districts as to when a defendant is entitled to jail credit; declining to reach matter because not addressed by the parties).
This court has not previously taken a firm position on the matter. See, e.g., Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000) (holding defendant entitled to jail credit for time served in Hernando County if held on a Pinellas County arrest warrant while in Hernando County jail); Medina v. State, 779 So. 2d 357 (Fla. 2d DCA 2000) (holding defendant entitled to credit from the date he was arrested on probation violation warrant); Hampton v. State, 746 So. 2d 1191 (Fla. 2d DCA 1999) (stating that defendant entitled to credit from date warrant issued); Bank v. State, 632 So. 2d 640, 641 (Fla. 2d DCA 1994) (“In some circumstances, a defendant may be entitled to presentence credit extending back to the filing of a detainer.”); Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986) (holding defendant is entitled to credit against each sentence for the time actually spent in jail on the charge which led to that sentence).
In Price, 598 So. 2d at 217, the Fifth District distinguished the filing of a detainer from the service of an arrest warrant. “[A] detainer merely puts the officials of the institution in which the prisoner is incarcerated on notice that the prisoner is wanted in another jurisdiction for trial upon his release from prison. Further action must be taken by the receiving state in order to obtain the prisoner.” Price, 598 So. 2d at 217 (quoting United States v. Mauro, 436 U.S. 340, 358, 98 S.Ct. 1834, 56 L.Ed.2d 329 (1978)).
We note, however, that a detainer can limit the ability of an inmate to be released from custody. Black’s Law Dictionary defines a detainer, in part, as “the restraint of a man’s personal liberty against his will,” and as a “request filed by criminal justice agency with institution in which prisoner is incarcerated, asking institution either to hold prisoner for agency or to notify agency when release of prisoner is imminent.” Black’s Law Dictionary at 449 (6th ed.1990).
Distinguishing between an arrest on a warrant and the receipt of a detainer can significantly affect the amount of credit time awarded to a defendant. We agree with the First District’s holding in Penny, 778 So. 2d 305, that the fact that a defendant was not officially arrested in the second county has no bearing on his right to receive jail credit while under the first county’s hold. We recede from any prior opinions of this court that support a contrary result.
In this case, because the trial court’s order does not include any attachments that conclusively refute Bryant’s claim, we reverse the trial court’s order. Bryant is entitled to credit from the date the Hills-borough County detainer was placed on him in Escambia County. On remand, the trial court shall either grant relief, attach documents that conclusively refute Bryant’s claim, or conduct an evidentiary hearing. We certify conflict with the Fifth District’s position to the contrary as stated in Price, 598 So. 2d 215.
Reversed and remanded; conflict certified.
PATTERSON, C.J., and THREADGILL, PARKER, ALTENBERND, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, STRINGER, DAVIS, and SILBERMAN, JJ., concur.
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Cited By (22 total)
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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…1 / 2
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Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)…sentenced concurrently on all charges to which the 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 reli…
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Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002)…requent problem and I would urge it to do so. While not at issue in this case, I would observe that a similar, albeit perhaps more complex, problem exists concerning people in jail or prison who have outstanding de-tainers. Compare Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001) to Gathers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001). This problem creates similar jail and prison credit issues that are difficult and time-consuming for the courts. Again, I suspect that the members of the legislature could d…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- United States v. Mauro, 436 U.S. 340 (U.S. 1978)
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989)
- Theron Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)
- Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000)
- Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991)
- Eric D. Bank v. State, 632 So. 2d 640 (Fla. 2d DCA 1994)
- Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000)