SHANNON DEMETRIOUS GERALD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant is entitled to credit for time served in the Department of Corrections.
The defendant was sentenced to prison after violating community control and sought credit for time previously served in the Department of Corrections.…
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Confession of Error
PER CURIAM.
Shannon Demetrious Gerald appeals an order denying his motion to correct illegal sentence whereby he sought additional credit for time served. Pursuant to the State’s confession of error, we remand for further proceedings.
Defendant-appellant Gerald served a split sentence of incarceration followed by community control. He violated community control and was sentenced to six years in prison. The sentencing order granted credit for 468 days of jail time served, but did not award credit for time previously served in the Florida Department of Corrections.
The State concedes that the defendant is entitled to credit for prison time previously served on the case on which he is incarcerated.1 Under the applicable statute, the sentencing order should reflect that the defendant is being awarded prison credit, and the calculation of the time previously served in the Department of Corrections is left to the Department to compute. See § 921.0017, Fla. Stat. (1997); Newman v. State, 866 So. 2d 751 (Fla. 5th DCA 2004); Andrews v. State, 822 So. 2d 540 (Fla. 2d DCA 2002).
We therefore reverse the order now before us and remand for further proceedings consistent herewith. The defendant need not be present.
Reversed and remanded.
. Miami-Dade County Circuit Court case number 98-33400.
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Aleong v. State, 963 So. 2d 799 (Fla. 4th DCA 2007)…the doctrine of equitable tolling. See Envtl. Res. Assocs. of Fla., Inc. v. State, Dep’t of Gen. Sens., 624 So. 2d 330 (Fla. 1st DCA 1993); Cann v. Dep’t of Children & Family Servs., 813 So. 2d 237 (Fla. 2d DCA 2002); Williams v. Albertson’s, Inc., 879 So. 2d 657 (Fla. 5th DCA 2004). This court agrees, and holds that, in the instant case, the failure of Dr. Aleong’s counsel to timely file a petition for hearing did not amount to an extraordinary circumstance; accordingly, the doctrine of equitable tolling do…
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Hardenbrook v. State, 953 So. 2d 717 (Fla. 1st DCA 2007)…nt in prison before probation. Once the sentencing judge has awarded a defendant prior prison credit, the Department of Corrections has primary responsibility for calculating the credit. See § 921.0017, Fla. Stat. (2005). See also Gerald, v. State, 879 So. 2d 657, 657 (Fla. 3d DCA 2004) (“Under the applicable statute, the sentencing order should reflect that the defendant is being awarded prison credit, and the calculation of the time previously served in the Department of Corrections is left to the Departme…
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Williams v. Dep't OF Corr., 156 So. 3d 563 (Fla. 5th DCA 2015)…hts mistakenly in the wrong forum. As such, the only basis for applying equitable tolling in this case would be a showing that Williams “ha[d] in some extraordinary way been prevented from asserting his rights”. Id. In Williams v. Albertson’s Inc., 879 So. 2d 657 (Fla. 5th DCA 2004), our court rejected an extraordinary circumstances claim raised by a plaintiff who filed her negligence complaint one day past the four-year statute of limitations, reasoning that equitable tolling was not applicable to extend th…
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
- Newman v. State, 866 So. 2d 751 (Fla. 5th DCA 2004)
- Howard v. Lacey A. Collier, 822 So. 2d 540 (Fla. 1st DCA 2002)
- Andrews v. State, 822 So. 2d 540 (Fla. 2d DCA 2002)