TIMOTHY PLATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STRINGER, Judge.
Timothy Platt appeals the summary denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment the portion of the trial court’s order that denied Platt’s request for additional jail credit. The trial court, however, went further in its order and reduced Platt’s jail credit from 305 days to 253 days because the trial court believed that the sheriffs jail log contained an error which gave Platt too much jail credit. The trial court erred because rescission of previously awarded jail credit is a sentence enhancement that violates the prohibition against double jeopardy. See Bailey v. State, 777 So. 2d 995, 996 (Fla. 2d DCA 2000). We, therefore, reverse the portion of the trial court’s order that revoked the previously awarded jail credit, and we direct the trial court to reinstate the 305 days’ credit.
Affirmed in part, reversed in part, and remanded.
FULMER and DAVIS, JJ., Concur.
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Lebron v. State, 870 So. 2d 165 (Fla. 2d DCA 2004)…ntence and issued a clerk’s certificate showing only 96 days of jail credit. However, this court has repeatedly held that a trial court may not rescind jail credit previously awarded even if the initial award was improper. See, e.g., Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002); Bailey v. State, 777 So. 2d 995 (Fla. 2d DCA 2000); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). Accordingly, we remand this case to the trial court for it to correct the judgment and sentence and the clerk’s certificate t…
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Gallinat v. State, 941 So. 2d 1237 (Fla. 5th DCA 2006)…Second District announced this rule in Gilmore v. State, 523 So. 2d 1244 (Fla. 2d DCA 1988), and has followed it consistently. See King v. State, 913 So. 2d 758 (Fla. 2d DCA 2005); Lebron v. State, 870 So. 2d 165 (Fla. 2d DCA 2004); Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002); Keene v. State, 826 So. 2d 327 (Fla. 2d DCA 2002); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). The First District, citing Le-brón and Linton, has also followed the rule. See Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA…1 / 2
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King v. State, 913 So. 2d 758 (Fla. 2d DCA 2005)…r, any attempt to rescind jail credits already awarded constitutes an • enhancement of the defendant’s sentence that violates the prohibition against double jeopardy. Bailey v. State, 777 So. 2d 995, 996 (Fla. 2d DCA 2000); see also Platt v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002). The trial court erred in rescinding Mr. King’s original award of 516 and 534 days of credit in these two cases, respectively. Therefore, we reverse the court’s order and remand with instructions to restore the rescinded credit.…
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- M.R. v. State, 777 So. 2d 995 (Fla. 2d DCA 2000)