MICHAEL STEVEN MAZZA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Mazza is entitled to jail credit from the date a Hillsborough County detainer was placed against him while imprisoned in Georgia, and the trial court's denial of this credit is reversed and remanded for reconsideration.
A defendant is entitled to jail credit from the date a detainer is issued, even if the defendant is incarcerated in another state's prison system.
[1] A defendant is entitled to jail credit from the date a detainer is issued, even when the defendant is incarcerated in another state's prison system.
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Join FLexlaw to unlock all legal intelligenceMichael Mazza was incarcerated in the Georgia State prison system when a detainer from Hillsborough County was placed against him. Mazza filed a motio…
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GREEN, Judge.
Michael Mazza challenges the trial court’s order granting in part and denying in part his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment the trial court’s rulings on grounds one and two of Mazza’s motion but reverse the order of the trial court as to ground three of the motion and remand for further proceedings on that ground only.
In ground three of his motion, Mazza alleged that he was entitled to credit against his prison sentences from the time a detainer from Hillsborough County was placed against him while he was in the Georgia State prison system. Mazza is entitled to jail credit from the date the detainer was issued. See Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001). Mazza attached a document to his motion indicating that the detainer was issued by September 1, 1995. Upon remand, if the trial court again denies Mazza relief, “it must attach those portions of the record that correspond with all dates for which [Maz-za] claims he should receive jail credit, including any time spent in [custody in Georgia] under any Hillsborough County detainers that may have been filed.” Bain v. State, 784 So. 2d 1168, 1170 (Fla. 2d DCA 2001). Affirmed in part, reversed in part, and remanded.
WHATLEY, A.C.J., and SALCINES, J., Concur.
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Citator
Cited By
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McRAE v. State, 820 So. 2d 1048 (Fla. 2d DCA 2002)…WHATLEY, Judge. Matthew McRae appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s denial of the motion, but we recede from Mazza v. State, 804 So. 2d 613 (Fla. 2d DCA 2002), which McRae cited in his motion. Mazza holds that a defendant,is entitled to credit on a Florida prison sentence from the time a detainer was placed on the defendant while the defendant was in prison out of state. Different princ…
Authorities Cited
- Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)
- A.V. v. State, 784 So. 2d 1168 (Fla. 2d DCA 2001)