ROY L. TATUM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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SCHWARTZ, Chief Judge.
Aside from granting the defendant an additional day of credit for time served of which the state concedes he was deprived because of an arithmetical mistake, we affirm the order below denying him credit from the date that a Monroe county detainer in this case was lodged against him while he was in the Dade county jail awaiting transportation to the State prison on another charge. In so doing, we agree with and follow the Fourth District’s decision in Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001); accord Shewbridge v. State, 807 So. 2d 182 (Fla. 5th DCA 2002), and certify conflict with Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)(en banc) and Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000).1 We simply cannot agree that the filing of a piece of paper which is not causally related to the defendant’s confinement for some other reason in some other county, should have any effect upon the time he serves on the charge in question.
Affirmed as modified, conflict certified.
. We referred to the conflict, but did not rule on the issue in Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999).
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Keene v. State, 816 So. 2d 819 (Fla. 2d DCA 2002)…led pursuant to Florida Rule of Criminal Procedure 3.850. See Bryant, 787 So. 2d 68. Because the resolution of this case is premised upon the reasoning in Bryant, which is presently before our supreme court, we certify conflict with Tatum v. State, 811 So. 2d 849 (Fla. 3d DCA 2002). Reversed and remanded. WHATLEY and SALCINES, JJ., concur. . If this were not the case, a detainer based on a violation of probation from one county could be lodged against a defendant who is in prison on the charges from anoth…
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Leeper v. State, 821 So. 2d 1177 (Fla. 3d DCA 2002)…PER CURIAM. Affirmed. See Tatum v. State, 811 So. 2d 849 (Fla. 3d DCA 2002).…
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Pintado v. State, 831 So. 2d 816 (Fla. 3d DCA 2002)…ecord, particularly as to the reason for the defendant’s confinement in Orange County during the period for which the claim is now made, we vacate the order below and remand for an eviden-tiary hearing pursuant to Rule 3.850. Consult Tatum v. State, 811 So. 2d 849 (Fla. 3d DCA 2002)(SC02-952, stayed pending review in Gethers v. State, SC01-2639).…
Authorities Cited
- Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)
- Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)
- Theron Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)
- Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000)
- Shewbridge v. State, 807 So. 2d 182 (Fla. 5th DCA 2002)