ERNEST PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ernest Patterson appealed the denial of his motion for additional jail credit in a second criminal case. The appellate court found he was entitled to 148 days of jail credit for time served in jail before transfer to the Department of Corrections, and reversed the summary denial.
Patterson is entitled to 148 days of jail credit in case 99-46 for the time he actually served in jail on that charge before transfer to the Department of Corrections, but not for time spent in D.O.C. on the unrelated first case.
[1] A defendant is entitled to jail credit on each sentence only for the time actually served in jail on the charges for which the defendant is being sentenced.
[2] A defendant is not entitled to jail credit for time spent in the Department of Corrections on one case when sentenced on an unrelated case.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A defendant is entitled to jail credit on each sentence only for the time actually served in jail on the charges being sentenced.”
Establishes the legal standard for jail credit entitlement
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Join FLexlaw to unlock all legal intelligencePatterson was arrested on February 12, 1999, for offenses in two cases (99-31 and 99-46). He was held in jail for 148 days until July 9, 1999, when he…
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PER CURIAM.
The appellant challenges the denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant was arrested on February 12, 1999, for offenses which were charged in ease number 99-31 and 99-46. The appellant was held in jail for 148 days, until July 9, 1999, when he was sentenced in case number 99-31 and moved to the Department of Corrections (D.O.C.). On February 18, 2000, 371 days after his arrest, the appellant pled and was sentenced in case number 99-46 to a term concurrent with that which he was serving in case number 99-31, but was awarded no jail credit. The appellant seeks 371 days of jail credit in case number 99-46.
The appellant appears to be entitled to 148 days of jail credit in case number 99-46, for the time he served in jail on that charge before he was sent to the D.O.C. for case number 99-31. A defendant is entitled to jail credit on each sentence only for the time actually served in jail on the charges being sentenced. See Walker v. State, 579 So. 2d 348 (Fla. 1st DCA 1991); Whitney v. State, 493 So. 2d 1077, 1078 (Fla. 1st DCA 1986), review denied by Whitney v. State, 503 So. 2d 328 (Fla.1987). The appellant is not entitled to jail credit in case number 99-46 for the time spent in D.O.C. on case number 99-31 because the two cases are unrelated. See Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988). Because the appellant appears to be entitled to 148 days of jail credit in case number 99-46, we reverse the summary denial of this claim and remand for the trial court to attach portions of the record which conclusively refute the appellant’s entitlement to relief, or to grant the requested relief.
REVERSED AND REMANDED.
DAVIS, VAN NORTWICK and POLSTON, JJ., concur.
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Citator
Cited By
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Thomas v. State, 65 So. 3d 98 (Fla. 1st DCA 2011)…PER CURIAM. We reverse and remand for the trial court to award the appellant an additional day of jail credit. See § 921.161(1), Fla. Stat. (2007); Patterson v. State, 815 So. 2d 677 (Fla. 1st DCA 2002) (stating that Patterson, who was jailed from the date of his [*99] arrest until the date of sentencing, was entitled to one day of jail credit beginning with the date of arrest through to the date of sentencing). We affirm the lo…
Authorities Cited
- Whitney v. State, 493 So. 2d 1077 (Fla. 1st DCA 1986)
- Walker v. State, 579 So. 2d 348 (Fla. 1st DCA 1991)
- Monroe v. State, 533 So. 2d 331 (Fla. 1st DCA 1988)
- Ervin Williams v. State, 533 So. 2d 331 (Fla. 1st DCA 1988)