WILLIE GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred in denying jail credit for time served on a prior probation violation.
Appellant violated probation twice and received partial jail credit for time served. The Department of Corrections only credited the latter period, an…
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PER CURIAM.
The appellant challenges the trial court’s order summarily denying his rule 3.800 motion for jail credit. Because the trial court acknowledged that the appellant was entitled to 307 days of jail credit total, but only awarded the appellant 101 days of jail credit when it sentenced him, we reverse and remand.
The appellant violated probation twice. It appears that upon the first violation, the appellant received 210 days of jail credit for time spent in jail prior to resentencing but was not committed to the Department of Corrections or sentenced to a jail term, but instead was placed back on probation. Upon the second violation, the appellant received 101 days of jail credit for time spent in jail prior to sentencing and was committed to the Department. Since the Department has only credited the appellant with 101 days of jail credit, it appears that the Department does not have any record of the appellant’s original jail credit of 210 days.
The trial court acknowledged that the appellant served 307 days in jail on this case, explaining that his prior award exceeded the actual time spent in jail. However, the trial court refused to credit the appellant for time spent in jail on the first probation violation. Under section 921.161(1), Florida Statutes (1999), “the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” In the absence of any record evidence showing that the appellant is not entitled to the full amount of jail credit earned, the trial court must correct the appellant’s sentence to reflect this jail-time. Upon correcting the appellant’s sentence, the trial court may credit the appellant with the total of jail time actually served. We accordingly reverse and remand for the trial court to support its denial with record attachments or to grant the relief sought.
REVERSED and REMANDED.
ERVIN, BOOTH and BROWNING, JJ., concur.
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Eon G. Cooper v. State, 967 So. 2d 928 (Fla. 1st DCA 2007)…e jail credit for time served in Jackson County, we reverse and remand for further proceedings. On remand, the trial court shall correct the appellant’s sentence to reflect the amount of jail time served in the Jackson County jail. Griffin v. State, 828 So. 2d 1087, 1088 (Fla. 1st DCA 2002)(stating that the trial court is required to correct a defendant’s sentence to award the full amount of jail credit earned). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opin…
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Ervin v. State, 971 So. 2d 995 (Fla. 5th DCA 2008)…tion of a prison sentence, the credit for time served awarded at sentencing must include credit for all time spent in jail for each VOP, plus any additional jail time served prior to imposition of the initial probationary sentence. Griffin v. State, 828 So. 2d 1087 (Fla. 1st DCA 2002). For this reason, the State properly concedes that the order on appeal must be reversed. However, the State notes that online records from the Lake County clerk indicate that Ervin may have waived jail credit for the first viol…
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Brown v. State, 127 So. 3d 825 (Fla. 2d DCA 2013)…to prison is entitled to credit for time served in jail awaiting the original probationary sentence and time spent in custody on violation of probation charges. See Barnes v. State, 74 So. 3d 1135, 1136 (Fla. 2d DCA 2011); see also Griffin v. State, 828 So. 2d 1087, 1088 (Fla. 1st DCA 2002). It appears that Brown is scheduled for release on January 26, 2014. Therefore, the postconviction court should expedite any rule 3.801 motion Brown files. Affirmed without prejudice. CASANUEVA, VILLANTI, and MORRIS,…
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