LAMAR BEDFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lamar Bedford appealed the summary denial of his motion for jail credit under Florida Rule of Criminal Procedure 3.800(a). The appellate court reversed, finding that court records clearly demonstrated Bedford was entitled to credit for 57 days spent in Pinellas County jail awaiting trial on charges for which he was arrested there, not merely held on a detainer.
Bedford is entitled to jail credit for the 57 days in Pinellas County jail. The Gethers detainer principle does not apply because the court records demonstrate that Bedford was held in Pinellas County pursuant to his actual arrest for the pertinent offenses on March 18, 1991, not merely on a detainer, and the May 14, 1991 notation in the affidavit refers to his transfer date, not his arrest date.
[1] A defendant is entitled to jail credit for all time spent in county jail before sentencing, including time spent in custody pursuant to an arrest for the pertinent offens…
[2] A defendant is not entitled to jail credit from the date a detainer is placed on him if he is not held in custody on that detainer.
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Join FLexlaw to unlock all legal intelligence“the court imposing a sentence shall allow a defendant credit for all the time he spent in the county jail before sentence”
Establishes the statutory basis for jail credit under Florida Statutes section 921.161(1).
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Join FLexlaw to unlock all legal intelligenceBedford was arrested in Pinellas County on March 18, 1991, on a Hillsborough County warrant for certain offenses. He remained in Pinellas County jail …
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CANADY, Judge.
Lamar Bedford challenges the summary denial of his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the court records demonstrate on their face that Bed-ford is entitled to relief, we reverse and remand.
In his motion, Bedford claimed that he is entitled to additional jail credit for fifty-seven days spent in Pinellas County jail from March 18, 1991, to May 14, 1991. See § 921.161(1), Fla. Stat. (1989) (providing that “the court imposing a sentence shall allow a defendant credit for all the time he spent in the county jail before sentence”). Bedford alleged that he was arrested in Pinellas County on a Hillsbor-ough County warrant for the pertinent offense and attached the arrest affidavit from Pinellas County, dated March 18, 1991. In the section where Bedford’s offenses should have been listed, there was stamped, “Hills. Co. Arrest on Warrant/Capias 914118.” The Hillsborough County lower court case number in this case is 91-4118.
In denying his claim, the trial court found that Bedford was not entitled to relief because the Florida Supreme Court in Gethers v. State, 838 So. 2d 504 (Fla.2003), held that a defendant is not entitled to credit from the date a detainer is placed on him. We conclude, however, that the principle articulated in Gethers is inapplicable here because the record demonstrates that Bedford was held in Pinellas County, not on a detainer but pursuant to his arrest for the pertinent offenses, and that Bedford is therefore entitled to relief.
The trial court determined that Bedford was not arrested on the Hillsborough County charge in Pinellas County until May 14, 1991, and attached the criminal report affidavit as documentation. The affidavit does contain a notation that Bed-ford’s arrest date was May 14, 1991. The trial court also attached the Case Progress Abstract. The May 14, 1991, entry states, “Arrested: Booking # changed from out of co to 910016871.” However, the March 18, 1991, entries state, “Affidavit Filed: Warrant Issued,” and “Arrested: Booking # changed from clerk to out of co.” These records — together with the Pinellas County arrest affidavit — demonstrate on their face that Bedford was in the Pinellas County jail after being arrested for the pertinent offense in Pinellas County on March 18, 1991, and that the notation in the criminal report affidavit concerning his “arrest” on May 14, 1991, is a reference to the date of his transfer from custody in Pinellas County to custody in Hillsborough County. We therefore remand for the trial court to award Bedford fifty-seven days of jail credit for the time he spent in the Pinellas County jail.
Reversed and remanded.
NORTHCUTT and COVINGTON, JJ., Concur.
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Bronk v. State, 25 So. 3d 701 (Fla. 2d DCA 2010)…of the time she or he spent in the county jail before sentence.” The statutory entitlement to pre-sentence jail credit starts with the initial arrest for a criminal offense. See Gethers v. State, 838 So. 2d 504, 506-07 (Fla.2003); Bedford v. State, 880 So. 2d 1265, 1266-67 (Fla. 2d DCA 2004). Jail credit continues to accrue until an actual release from custody. See Green v. State, 979 So. 2d 395 (Fla. 2d DCA 2008). Failure to appear is an unusual offense because the first warrant issued for the criminal act…
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Solomon v. State, 69 So. 3d 396 (Fla. 2d DCA 2011)…tually arrested in one county based upon an arrest warrant 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…
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Hines v. State, 4 So. 3d 726 (Fla. 4th DCA 2009)…harges, and a BSO arrest number. The arrest affidavit states the date of the arrest is March 12, 2006, and the affidavit was date stamped by the Brevard County clerk on that date. The affidavit appears to support Hines’s claim. See Bedford v. State, 880 So. 2d 1265 (Fla. 2d DCA 2004). In its response to this court’s order to show cause, the State suggests that only a detainer was issued. It appears that the determination of whether Hines was actually arrested on the Broward County charges on March 12, 2006 wil…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)