LYNN A. DEWITT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is not entitled to credit for time served in another state solely because a detainer was lodged against them, absent a showing the incarceration was solely for the Florida offense.
[1] A defendant is entitled to credit for time spent in a county jail commencing from the time of arrest, not when a detainer is issued.
[2] A court has discretion to award credit for time served in another state when the defendant was incarcerated in that state solely because of the Florida offense for which…
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Join FLexlaw to unlock all legal intelligenceAppellant was serving a sentence in Illinois when Florida lodged a detainer. Upon completion of the Illinois sentence, he was transported to Florida a…
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THOMPSON, C.J.
Lynn A. DeWitt appeals his sentence, contending that he should have been given credit for time served commencing when the state issued a detainer against him.
According to the initial brief, DeWitt was serving a sentence in Illinois in 1997, when the State of Florida lodged a detainer against him. Upon completion of his Illinois sentence, DeWitt was transported to Florida, where he pleaded no contest to attempted capital sexual battery. DeWitt contends that he should have been awarded credit for time served commencing from 1997, when the detainer was lodged. He argues that this court should recede from Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992), in which we held that a defendant is entitled to credit for time spent in the county jail commencing when the defendant is arrested, rather than when the detainer is issued.
As pointed out in Combs v. State, 803 So. 2d 875 (Fla. 5th DCA 2002), Price has nothing to do with cases involving credit for time served in other states. Price was controlled by section 921.161(1), Florida Statutes, which mandates credit for time spent in the county jail, and Kronz v. State, 462 So. 2d 450 (Fla.1985), held that the statute does not govern awards of credit for time served in another state, because the term “county jail,” as used in the statute, applies only to Florida jails. Under Kronz, a court has discretion to award credit for “time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced.” When a prisoner is incarcerated in another state on charges unrelated to a Florida charge, that prisoner is not entitled to credit for time served in the other state. Hopping v. State, 650 So. 2d 1087 (Fla. 1st DCA 1995) (citing Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983)). Since there is no suggestion that DeWitt is seeking credit for time served in Illinois solely because of the Florida offense, the sentence is
AFFIRMED.
SAWAYA and ORFINGER, R.B., JJ., concur.
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Lowell Kyle v. State, 878 So. 2d 1275 (Fla. 5th DCA 2004)…ly on Florida charges. See Kronz v. State, 462 So. 2d 450 (Fla.1985). We conclude Kyle is not entitled to out-of-state jail credit because he did not allege that he was held in another state solely because of the Florida charge. See Dewitt v. State, 818 So. 2d 692 (Fla. 5th DCA 2002). Kyle’s second theory, which the state does not contest, is that he was not given credit for the time he was held in the Orange County jail. Kyle received 52 days of jail credit, measured from the date of his arrest on 17 Septemb…
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Lucien Lownsbery v. State, 830 So. 2d 199 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Dewitt v. State, 818 So. 2d 692 (Fla. 5th DCA 2002); Toney v. State, 817 So. 2d 924 (Fla. 2d DCA 2002). SHARP, W., HARRIS and PETERSON, JJ., concur.…
Authorities Cited
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Sims v. State, 441 So. 2d 187 (Fla. 5th DCA 1983)
- Campbell v. State, 803 So. 2d 875 (Fla. 1st DCA 2002)