BRIAN BECKWITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court must determine jail credit for time spent in county jail after an original sentence was vacated and before resentencing.
[1] The Department of Corrections is responsible for calculating jail time credit for time spent in county jail for postconviction hearings while serving a prison sentence.
[2] A trial court is responsible for calculating jail time credit for time spent in county jail after an original sentence was vacated and before resentencing.
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Join FLexlaw to unlock all legal intelligenceAppellant sought jail credit for time spent in county jail after sentencing, including time for a postconviction hearing and time after his original s…
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BLUE, Chief Judge.
Brian Beckwith appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Beckwith alleges that he is entitled to additional jail credit for time spent in the Pinellas County jail after sentencing. Specifically, Beckwith alleges that he was transported back to the Pinellas County jail from the Department of Corrections (hereinafter “the Department”) on two separate occa sions while serving his prison sentence. The first occasion was for a postconviction hearing. The trial court correctly denied this claim finding that the Department is responsible for calculating jail time credit for that period. See Stuart v. State, 771 So. 2d 1252 (Fla. 3d DCA 2000). We therefore affirm as to that claim.
The second time, however, appears to have occurred when Beckwith’s original sentence was vacated and he was transported back to the trial court for resentencing. If, in fact, Beckwith spent time in the Pinellas County jail after his original sentence was vacated and before he was resentenced, the trial court is responsible for calculating jail time credit for that period. See Stuart, 771 So. 2d at 1253. Because it appears from the limited record before this court that the trial court may have failed to award Beckwith credit for this period, we reverse and remand for further proceedings. If the trial court again denies this claim, the trial court must attach record documents showing either that Beckwith was awarded jail time credit for this period or that he was not incarcerated at any time between the date the original sentence was vacated and the date of resentencing.
As to Beckwith’s claim seeking additional jail credit for time served between sentencing and his commitment to the Department, we affirm without prejudice to Beckwith’s right to pursue his administrative remedies within the Department. See Stuart, 771 So. 2d at 1254.
Affirmed in part; reversed and remanded in part.
GREEN and SILBERMAN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Andrews v. State, 822 So. 2d 540 (Fla. 2d DCA 2002)…onal jail credit for time served between sentencing and his commitment to the Department of Corrections, we affirm without prejudice to Andrews’ right to pursue his administrative remedies within the Department of Corrections. See Beckwith v. State, 799 So. 2d 310, 311 (Fla. 2d DCA 2001). We affirm Andrews’ remaining claims without comment. Affirmed in part, reversed in part, and remanded. WHATLEY, and NORTHCUTT, JJ., Concur.…
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Johnson v. State, 120 So. 3d 156 (Fla. 4th DCA 2013)…ntitled to additional credit from the trial court. The Department of Corrections (DOC) is responsible for calculating the credit for time served while he was in the county jail awaiting a [*157] hearing on a postconviction motion. Beckwith v. State, 799 So. 2d 310, 311 (Fla. 2d DCA 2001). Generally, the trial court would be responsible for calculating the credit for time served in the county jail after the original sentence was vacated and until appellant was resentenced. Id. However, it appears that, at rese…
Authorities Cited
- Mac W. Stuart v. State, 771 So. 2d 1252 (Fla. 3d DCA 2000)
- Lachappelle v. Durrance, 771 So. 2d 1252 (Fla. 1st DCA 2000)