RAYMOND E. WHEELER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot sua sponte rescind jail credit previously awarded, as doing so violates the constitutional protection against double jeopardy.
[1] A trial court may not sua sponte rescind jail credit previously awarded, even if the initial award was improper.
[2] Rescinding previously awarded jail credit constitutes an enhancement of a sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant filed a motion to correct an illegal sentence, alleging the trial court improperly rescinded jail credit previously awarded for Count II. Th…
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[*1261] PER CURIAM.
The appellant challenges the trial court’s order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant has stated a facially sufficient claim that the trial court violated his constitutional protection against double jeopardy, we reverse.
In the instant rule 3.800 motion, the appellant alleges the trial court acted outside its jurisdiction and violated his double jeopardy rights by sua sponte rescinding jail credit for Count II that was previously awarded. The trial court summarily denied the appellant’s motion.
A trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper. Lebron v. State, 870 So. 2d 165, (Fla. 2d DCA 2004); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). “[T]o increase the penalty is to subject the defendant to double punishment for the same offense in violation of the Fifth Amendment to the Constitution, which provides that no person shall ‘be subject for the same offense to be twice put in jeopardy of life or limb.’ ” United States v. Benz, 282 U.S. 304, 306, 51 S.Ct. 113, 75 L.Ed. 354 (1931); see Troupe v. Rowe, 283 So. 2d 857 (Fla.1973). “[T]he rescinding of previously awarded jail credit is an enhancement of appellant’s sentence for which there is no provision in the Florida Rules of Criminal Procedure.... [T]he enhancement of a sentence after its initial imposition violates the prohibition against double jeopardy.” Linton, 702 So. 2d at 236-37. Succinctly stated, the trial court cannot rescind jail credit after imposing it. Thus, the trial court’s reduction in previously awarded jail credit illegally enhanced the appellant’s sentence and violated his double jeopardy rights.
We therefore reverse the summary denial of the appellant’s claim to correct illegal sentence and remand with instructions to the trial court to restore the rescinded credit.
REVERSED AND REMANDED.
WOLF, C.J., BARFIELD and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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Canete v. Fla. Dep't OF Corr., 967 So. 2d 412 (Fla. 1st DCA 2007)…e his presence, without notice, and without issuing any sort of appealable order, the sentencing court was without authority to purport to rescind the jail credits it had awarded to Cañete, even if that award was unintentional. See Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA 2004).…
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Stang v. State, 24 So. 3d 566 (Fla. 2d DCA 2009)…ously awarded, even if the initial award was improper, because such an action violates double jeopardy. See, e.g., Lebron v. State, 870 So. 2d 165, 165 (Fla. 2d DCA 2004); Linton v. State, 702 So. 2d 236, 236-37 (Fla. 2d DCA 1997); Wheeler v. State, 880 So. 2d 1260, 1261 (Fla. 1st DCA 2004); but see Gallinat v. State, 941 So. 2d 1237 (Fla. 5th DCA 2006) (finding no double jeopardy violation if the trial court simply corrects an award of jail credit that is clearly incorrect based on the face of the record). He…
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Gallinat v. State, 941 So. 2d 1237 (Fla. 5th DCA 2006)…att v. State, 827 So. 2d 1064 (Fla. 2d DCA 2002); Keene v. State, 826 So. 2d 327 (Fla. 2d DCA 2002); Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997). The First District, citing Le-brón and Linton, has also followed the rule. See Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA 2004). In our view, however, correcting an erroneous jail credit calculation in no way increases the sentence imposed. With a few exceptions, which we will address, the question is simply a factual one of how much of the imposed sente…1 / 2
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Benz, 282 U.S. 304 (U.S. 1931)
- Flazell Troupe v. The Honorable Ellen Morphonios Rowe & the Honorable Paul Baker, 283 So. 2d 857 (Fla. 1973)
- Lebron v. State, 870 So. 2d 165 (Fla. 2d DCA 2004)
- Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997)