DAVID M. KRAUSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's summary denial of a motion for additional jail credit was improper because it was unclear if the court considered credit for time spent in an out-of-state jail solely on Florida charges.
Appellant challenged the trial court's summary denial of his motion for additional jail credit. He claimed credit for time spent in an out-of-state ja…
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PER CURIAM.
The appellant challenges the trial court’s summary denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because it is not clear from the record whether the trial court considered granting the appellant jail credit for the time he spent in an out-of-state jail solely on Florida charges, we reverse.
In the instant case, the appellant made a facially sufficient claim of foreign jail credit by providing the dates for which he is seeking credit, providing the date of his sentence, alleging where in the record it can be shown that he is entitled to relief and alleging that he was held solely on Florida charges. See Thomas v. State, 634 So. 2d 175, 177 (Fla. 1st DCA 1994); State v. Mancino, 714 So. 2d 429, 433 (Fla.1998). The trial court has discretion to award, and should consider awarding, credit to defendants for time served in foreign jails while awaiting transfer to Florida, particularly when the defendant was incarcerated in another state solely on Florida charges. Kronz v. State, 462 So. 2d 450, 451 (Fla.1985). In the instant case, it is not clear from the record whether or not the trial court considered whether to grant the appellant jail credit for the time he spent in an Illinois jail.
We therefore reverse the trial court’s summary denial and remand with directions for the trial court to exercise its discretion about whether to award the appellant the additional jail credit. See Aller v. State, 792 So. 2d 692, 698 (Fla. 1st DCA 2001); Harriman v. State, 798 So. 2d 819 (Fla. 1st DCA 2001); Tyson v. State, 773 So. 2d 598 (Fla. 1st DCA 2000).
REVERSED and REMANDED.
KAHN, WEBSTER, and VAN NORTWICK, JJ., concur.
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Richardson v. State, 947 So. 2d 1219 (Fla. 1st DCA 2007)…sentence), as a trial court cannot delegate sentencing authority to an administrative agency. See Art. I, § 18, Fla. Const.; Pearson v. Moore, 767 So. 2d at 1238-39. Thus, it appears the appellant is serving an illegal sentence. Cf. Krause v. State, 857 So. 2d 343, 343 (Fla. 1st DCA 2003)(remanding a summarily denied rule 3.800(a) motion to the trial court to exercise its discretion to award or deny foreign jail credit which is a discretionary decision). Because the trial court erred by summarily denying the…
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…fficient claim for jail credit pursuant to rule 3.800(a) by providing the dates for which he is seeking credit and the date of his sentence, and alleging the specific record portions that would show that he is entitled to credit.”); Krause v. State, 857 So. 2d 343, 343 (Fla. 1st DCA 2003) (“In the instant case, the appellant made a facially sufficient claim of foreign jail credit by providing the dates for which he is seeking credit, providing the date of his sentence, alleging where in the record it can be s…
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West v. State, 22 So. 3d 797 (Fla. 1st DCA 2009)…ances, the denial of such credit would not be an abuse of discretion. 984 So. 2d at 579. We also recognize that we have previously reviewed claims such as Appellant’s on appeal from the denial of a rule 3.800(a) motion. See, e.g., Krause v. State, 857 So. 2d 343 (Fla. 1st DCA 2003); Harriman v. State, 798 So. 2d 819 (Fla. 1st DCA 2001). However, the issue in those cases was whether the trial court had the authority to grant credit for time served in an out-of-state jail, not whether rule 3.800(a) was a prop…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
- Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)
- Harriman v. State, 798 So. 2d 819 (Fla. 1st DCA 2001)
- Aller v. State, 792 So. 2d 692 (Fla. 1st DCA 2001)