KEVIN L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kevin Johnson appealed the trial court's denial of his motion for jail credit in two separate criminal cases. The appellate court reversed as to one case, finding Johnson entitled to credit for time served in prison on another charge prior to sentencing, but affirmed the denial of additional credit in the second case where the jail log showed he was arrested after already being in the Department of Corrections.
Johnson is entitled to additional jail credit in 03-CF-012696 for time served in prison on the unrelated sentence (01-CF-015078) prior to sentencing in 03-CF-012696, because he was arrested on the 03-CF-012696 charge before being incarcerated in 01-CF-015078. However, Johnson is not entitled to additional credit in 03-CF-014214 because the sheriff's jail log shows he was arrested in that case on February 23, 2004, while already in the Department of Corrections.
[1] A defendant is entitled to jail credit for time served in prison on another charge when a detainer is lodged against him for a new offense.
[2] A defendant is entitled to jail credit for time served in prison on another charge from the date of arrest on the new charge, not from the date the detainer is lodged.
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Join FLexlaw to unlock all legal intelligence“In Keene v. State, 816 So.2d 819 (Fla. 2d DCA 2002), this court held that a defendant who is serving a prison sentence is entitled to jail credit from the date the detainer on a new charge or a violation of probation is lodged against him while he is in prison.”
Establishes the foundational rule that allows credit for time served on a separate sentence when a detainer is lodged
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Join FLexlaw to unlock all legal intelligenceJohnson was arrested on July 27, 2003, in case 03-CF-012696. On December 4, 2003, he was sentenced to the Department of Corrections in an unrelated ca…
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CASANUEVA, Judge.
Kevin L. Johnson appeals the order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order as it relates to circuit court case number 03-CF-012696, affirm that portion of the order denying the award of jail credit in circuit court case number 03-CF-014214, and remand for further proceedings.
On July 27, 2003, Johnson was arrested in 03-CF-012696. On December 4, 2003, he was sentenced to the Department of Corrections in a separate ease (case number 01-CF-015078). On February 23, 2004, he was arrested for possession of cocaine in 03-CF-014214 and transported from the Department of Corrections to Hillsborough County Jail for sentencing in 03-CF-012696 and 03-CF-014214. At sentencing on February 24, 2004, the trial court awarded him 153 days’ jail credit in 03-CF-012696 and three days’ jail credit in 03-CF-014214.
In his motion, Johnson claims he is entitled to additional jail credit in both 03-CF-012696 and 03-CF-014214 for the time he served in jail or prison from his arrest on July 27, 2003, until his sentencing in both cases on February 24, 2004. In Keene v. State, 816 So. 2d 819 (Fla. 2d DCA 2002), this court held that a defendant who is serving a prison sentence is entitled to jail credit from the date the detainer on a new charge or a violation of probation is lodged against him while he is in prison. Keene relied on Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001). Bryant was abrogated by Gethers v. State, 838 So. 2d 504 (Fla.2003), and a defendant is now entitled to credit only from the date he is arrested on the new charge and not from the date of the detainer. This does not affect our decision in Keene that a defendant may be entitled to jail credit while he is serving a prison sentence on another charge.
In this case, Johnson was arrested in 03-CF-012696 prior to being sent to prison in 01-CF-015078. Thus, Johnson is entitled to credit in 03-CF-012696 for the time he served in prison in 01-CF-015078 prior to his sentencing in 03-CF-012696. Therefore, we reverse the trial court’s order and remand with directions to award Johnson jail credit for the time he served in prison prior to sentencing in 03-CF-012696.
However, because the sheriffs jail log indicates that Johnson was arrested in 03-CF-014214 on February 23, 2004, he is not entitled to any additional credit in that case. Johnson’s claim that the sheriff’s jail log is inaccurate may be raised pursuant to a timely, facially sufficient motion filed under Florida Rule of Criminal Procedure 3.850. See Jasmin v. State, 799 So. 2d 312, 312 n. 1 (Fla. 2d DCA 2001).
Affirmed in part, reversed in part, and remanded.
SALCINES and VILLANTI, JJ., Concur.
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Cregg v. State, 43 So. 3d 818 (Fla. 1st DCA 2010)…owed by five years on probation. The trial court awarded him 143 days’ credit for time he had spent in the Suwannee County Jail before sentencing. Almost all 143 days postdated expiration of the prison sentence. Citing Gethers and Johnson v. State, 932 So. 2d 300, 301 (Fla. 2d DCA 2006) (stating that “a defendant may be entitled to jail credit while he is serving a prison sentence on another charge”), Mr. Cregg asserts entitlement to credit for 217 days — the entire period between the date DOC re [*820] ceiv…
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Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009)…at Ms. Williams had only a detainer placed upon her by Marion County while she was residing in the Seminole County Jail, and thus would not be entitled to jail credit until she was actually arrested for violating her probation. See Johnson v. State, 932 So. 2d 300 (Fla. 2d DCA 2006). Our concerns regarding this disposition arise because attached to her “motion to correct credit served” is a Seminole County Sheriffs form that reflects that although on August 7, 2008, Ms. Williams was initially arrested for po…
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Villaneda v. State, 257 So. 3d 640 (Fla. 5th DCA 2018)
Previewing 3 of 4 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)
- Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)
- Keene v. State, 816 So. 2d 819 (Fla. 2d DCA 2002)
- Jasmin v. State, 799 So. 2d 312 (Fla. 2d DCA 2001)