KEITH LEBLANC, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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LeBlanc appealed the denial of his motion for post-conviction relief seeking jail time credit for 38 days served in Orange County jail before transfer to Monroe County on a Monroe County fugitive warrant. The court reversed and awarded him credit for the time served, holding that Florida law requires credit for all time served after execution of an arrest warrant regardless of concurrent charges in another county.
LeBlanc is entitled to credit for all 38 days served in Orange County jail after execution of the Monroe County arrest warrant. Florida law requires that a defendant receive jail credit for all time served after execution of an arrest warrant, regardless of whether the defendant is also subject to concurrent charges in another county.
[1] A defendant is not entitled to jail credit for time spent in another county's jail on unrelated charges when a detainer has been placed by the county of conviction.
[2] A defendant may be entitled to jail credit for time spent in another county's jail if the arrest was at least partially based on a warrant from the county of conviction.
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“the law requires he be given credit for all the time served after the execution of the Monroe County warrant”
Establishes the core legal principle that jail credit must be awarded for all time served following execution of an arrest warrant
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Join FLexlaw to unlock all legal intelligenceLeBlanc was arrested in Orange County on April 14, 2002, at least partially on a Monroe County fugitive warrant issued in a pending charge. He was als…
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SCHWARTZ, Chief Judge.
LeBlanc appeals from the denial of a motion for post-conviction relief seeking additional credit on his Monroe County sentence for the time he served in the Orange County jail from his arrest on April 14, 2002, to his transfer to Monroe County on May 21, 2002. We reverse with directions to award him credit for these 38 days.1
The record uncontradictedly shows that LeBlanc was arrested in Orange County at least partially on a Monroe County fugitive warrant issued in the pending charge. Even though he may also have been subject, at least part of the time, to an Orange County charge, which was dropped on May 7, 2002, the law requires he be given credit for all the time served after the execution of the Monroe County warrant. Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)(awarding jail credit against Monroe County sentence for time served in Miami-Dade County jail after issuance of Monroe County arrest warrant, even though defendant was also serving that time in Miami-Dade County jail on unrelated Miami-Dade County charges); James v. State, 721 So. 2d 1265 (Fla. 3d DCA 1998)(award-ing jail credit against Dade County sentence for time served in Broward County jail after issuance of Dade County arrest warrant, even though defendant was also serving that time in Broward County jail on unrelated Broward County charges); Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)(awarding jail credit against Es-cambia County sentence for time served in Santa Rosa County jail after transmission of Escambia arrest warrant, even though defendant was also serving that time in Santa Rosa County jail on unrelated Santa Rosa County charges). Compare Gethers v. State, 838 So. 2d 504 (Fla.2003)(different rule when prisoner subject to detainer, not arrest).
Reversed.
. The defendant need not be present.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 863 So. 2d 1277 (Fla. 2d DCA 2004)…mas was arrested in Pi-nellas County at least partially on a Hills-borough County warrant, she is entitled to credit for the sixty-three days spent in the Pinellas County jail. See Young v. State, 840 So. 2d 468 (Fla. 2d DCA 2003); LeBlanc v. State, 839 So. 2d 896 (Fla. 3d DCA 2003). Nothing in the record clearly refutes Thomas’ claim that she was entitled to sixty-three days’ jail credit for the time she spent in the Pinellas County jail from May 2, 2002, through May 31, 2002. Accordingly, the trial court s…
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Cook v. State, 929 So. 2d 1114 (Fla. 4th DCA 2006)…ects that Broward County had issued only a hold. As a result, Cook has not demonstrated that he is entitled to any additional credit. See Gethers v. State, 838 So. 2d 504 (Fla.2003); May v. State, 912 So. 2d 326 (Fla. 3d DCA 2005); LeBlanc v. State, 839 So. 2d 896 (Fla. 3d DCA 2003). We affirm. WARNER, TAYLOR and HAZOURI, JJ., concur.…
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Theron Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)
- James v. State, 721 So. 2d 1265 (Fla. 3d DCA 1998)