CONNIE L. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Connie Thomas appealed the denial of her motion to correct an illegal sentence, claiming she was entitled to additional jail credit for time spent in county jails. The appellate court reversed and remanded, finding the trial court failed to make adequate factual determinations regarding jail credit eligibility.
Thomas is not entitled to credit for the 32 days in Hillsborough County jail as this time was already credited, and she is not entitled to credit for time after sentencing. However, the trial court failed to adequately determine whether Thomas was on detainer while in Pinellas County jail; if she was arrested on a Hillsborough County warrant, she is entitled to credit for 63 days in Pinellas County jail.
[1] A defendant is not entitled to jail credit for time spent on a detainer in another county's jail on unrelated charges.
[2] A defendant arrested in one county on a warrant from another county may be entitled to jail credit for time spent in the arresting county's jail.
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Join FLexlaw to unlock all legal intelligence“A defendant is not entitled to jail credit for time spent on detainer in another county's jail on unrelated charges.”
Establishes the general rule that detainer time in another county is not creditable
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Join FLexlaw to unlock all legal intelligenceThomas pleaded guilty to third-degree grand theft in February 2001 and received a suspended sentence with probation. She was found in violation of pro…
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[*1278] VILLANTI, Judge.
Connie L. Thomas appeals the summary denial of her motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.
Thomas pleaded guilty to third-degree grand theft on February 2, 2001. She received a suspended sentence of twenty-four months in prison and an additional thirty-six months’ probation. Thomas admitted to violation of her probation on May 31, 2002. She was sentenced to two years in prison. In her motion, Thomas claimed her sentence is illegal because she is entitled to additional jail credit for thirty-two days spent in the Hillsborough County jail and 135 days spent in the Pinellas and Hillsborough County jails.
The trial court concluded that Thomas was not entitled to any additional jail credit for time spent in the custody of either county. A review of the record indicates that Thomas is not entitled to additional jail credit for the thirty-two days spent in the Hillsborough County jail from January 5, 2001, through January 6, 2001, and from May 2, 2002, through May 31, 2002, because this time was included in the thirty-five days of jail credit she has already received. Thomas also is not entitled to credit for the time she spent in the Hillsborough County jail after her sentencing on May 31, 2002. See Stokes v. State, 851 So. 2d 788 (Fla. 2d DCA 2003); Tomlinson v. State, 477 So. 2d 30 (Fla. 2d DCA 1985).
In denying her claim for the time spent in the Pinellas County jail, the trial court asserted that Hillsborough County had placed Thomas on a detainer while she was in the Pinellas County jail from March 1, 2002, through May 1, 2002. A defendant is not entitled to jail credit for time spent on detainer in another county’s jail on unrelated charges. See Gethers v. State, 838 So. 2d 504 (Fla.2003). However, the record the trial court attached in support of this assertion does not clearly show Thomas was in the Pinellas County jail on a detainer. Apparently, Thomas was actually arrested in Pinellas County for violation of probation on a Hillsborough County warrant. If Thomas 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 should either award Thomas sixty-three days of jail credit or provide portions of the record that adequately reflect that Thomas is not entitled to the credit because she was on detainer while in the Pinellas County jail.
Reversed and remanded.
SALCINES and KELLY, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Solomon v. State, 69 So. 3d 396 (Fla. 2d DCA 2011)…issued by another county, the defendant is entitled to credit for time served in the county where he was arrested. Howard v. State, 23 So. 3d 1273, 1274 (Fla. 2d DCA 2010); Bedford v. State, 880 So. 2d 1265, 1266 (Fla. 2d DCA 2004); Thomas v. State, 863 So. 2d 1277, 1278 (Fla. 2d DCA 2004). In this case, Solomon alleged that he was arrested in Calhoun County on the Polk County VOP warrant. In support of that allegation, he presented the Calhoun County arrest affidavit which seems to reflect that Solomon was ac…
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Howard v. State, 23 So. 3d 1273 (Fla. 2d DCA 2010)…ere the record shows that the defendant was held in another county “not on a detainer but pursuant to his arrest for the pertinent offenses” and holding that the defendant was entitled to credit for time served in the other county); Thomas v. State, 863 So. 2d 1277, 1278 (Fla. 2d DCA [*1275] 2004) (stating that a defendant arrested in another county at least partially on the original county’s warrant is entitled to jail credit for the time served in the other county). Here, Broward County’s event report docume…
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Wildeson v. State, 892 So. 2d 1070 (Fla. 2d DCA 2004)…itled. Accordingly, we reverse the order of the trial court. On remand, if the trial court again denies Wildeson’s claim, it must attach those portions of the record that conclusively refute the claim for additional jail credit. See Thomas v. State, 863 So. 2d 1277 (Fla. 2d DCA 2004). Reversed and remanded. CASANUEYA and VILLANTI, JJ., Concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Stokes v. State, 851 So. 2d 788 (Fla. 2d DCA 2003)
- Young v. State, 840 So. 2d 468 (Fla. 2d DCA 2003)
- Tomlinson v. State, 477 So. 2d 30 (Fla. 2d DCA 1985)
- LeBLANC v. State, 839 So. 2d 896 (Fla. 3d DCA 2003)
- Morales v. DeBIASE, 839 So. 2d 896 (Fla. 2d DCA 2003)