PAUL WIGGINS, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed summary denial of jail credit motion where intervening Florida Supreme Court decision in Gathers v. State established that no jail credit need be awarded by a second county for time served in the first county during a detainer period.
No jail credit need be awarded by a second county for time served in the first county during a detainer period.
[1] No jail credit need be awarded by a second county for time served in the first county during the period a detainer or hold is lodged.
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Join FLexlaw to unlock all legal intelligenceWiggins previously sought jail credit for time served while a detainer was placed on him during a different prison sentence. This court had previously…
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SALCINES, Judge.
Paul Wiggins, III, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.
On May 31, 2002, this court issued an opinion in Wiggins v. State, 817 So. 2d 1016, 1017 (Fla. 2d DCA 2002), in which we affirmed the denial of Wiggins’ previous jail credit claim “without prejudice to any right [he] might have to file a facially sufficient rule 3.800(a) motion ... seeking jail credit from the date a detainer was placed on him while he was serving a different prison sentence.” See Keene v. State, 816 So. 2d 819 (Fla. 2d DCA 2002). At the time of this court’s opinion, Wiggins would have been entitled to relief. Wiggins subsequently filed a rule 3.800(a) motion on November 14, 2002. On January 16, 2003, the Florida Supreme Court issued an opinion in Gathers v. State, 838 So. 2d 504, 508 (Fla.2003), holding that “no jail credit need be awarded by the second county for time served in the first county for the period during which the detainer or hold is lodged.” This then became the controlling law in Florida. As a result of the holding in Gathers, the circuit court correctly denied Wiggins’ motion on January 30, 2003. Accordingly, we affirm the circuit court’s denial of Wiggins’ motion.
Affirmed.
COVINGTON and KELLY, JJ, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Keene v. State, 816 So. 2d 819 (Fla. 2d DCA 2002)
- Wiggins v. State, 817 So. 2d 1016 (Fla. 2d DCA 2002)