JAMES WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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James White appealed the summary denial of his motion for jail credit under Florida Rule of Criminal Procedure 3.800(a). The Florida District Court of Appeal reversed and remanded, holding that White was entitled to jail credit for time spent in custody that applied to each sentence, not just misdemeanor cases, and that the record did not conclusively refute his claims.
White is entitled to credit against each sentence for time spent in jail on the charge leading to that sentence. The record attached to the postconviction court's order did not conclusively refute White's allegations that he was in custody during the relevant time periods, and therefore the summary denial was improper.
[1] A defendant is entitled to credit against each sentence for the time spent in jail on the charge leading to that sentence.
[2] A defendant may be entitled to jail credit in multiple cases for the same period of incarceration if the defendant was held in custody for those respective charges during…
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Join FLexlaw to unlock all legal intelligence“White is entitled to credit against each sentence he received for the time spent in jail on the charge leading to the sentence.”
Establishes the foundational principle that jail credit applies individually to each sentence, not globally across all cases.
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Join FLexlaw to unlock all legal intelligenceWhite filed a motion for jail credit in three circuit court cases (03-000737CFMA, 03-000794CFMA, and 03-000821CFMA), alleging entitlement to jail cred…
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KELLY, Judge.
James White appeals the summary denial of his motion for jail credit filed under Florida Rule of Criminal Procedure 3.800(a). We reverse and remand with instructions.
White filed a motion for jail credit in circuit court cases 03-000737CFMA, 03-000794CFMA, and 03-000821CFMA alleging entitlement to jail credit for time spent in Highlands County Jail. The postconviction court denied the motion on the merits and attached to its order the disposition memoranda for all three cases and the jail time computations sheets from the Highlands County Sheriffs Office (HCSO) for all three cases. The postconviction court, relying on the attached records, concluded that White was not entitled to any additional credit other than what he had already been awarded. The HCSO sheets indicate that although White was in Highlands County Jail during the dates he alleged in his motion, White is not entitled to any credit because he was awarded jail credit for those time periods in other misdemeanor cases.
White is entitled to credit against each sentence he received for the time spent in jail on the charge leading to the sentence. See Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986). Therefore, if White was in custody in Highlands County Jail during the alleged time periods in cases 03-000727CFMA, 03-000794CFMA, and 03-000821CFMA, as well as the misdemeanor cases, White would be entitled to credit in each case. See Tinker v. State, 870 So. 2d 79 (Fla. 2d DCA 2003) (holding that defendant was entitled to jail credit in two cases where defendant was being held for violating her probation in both cases). Although the record attached to the posteon-vietion court’s order indicates White was in custody in Highlands County Jail during the alleged time periods on cases 03-000727CFMA, 03-000794CFMA, and 03-000821CFMA, he was only awarded credit in the misdemeanor cases. The record attached to the postconviction court’s order does not conclusively refute White’s allegations.
Accordingly, we reverse with directions for the postconviction court to reconsider White’s allegations. If the postconviction court again denies relief, it shall attach to its order those portions of the record that conclusively refute White’s claims.
Reversed and remanded with instructions.
SALCINES and DAVIS, JJ., Concur.
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Martinez v. State, 965 So. 2d 1244 (Fla. 2d DCA 2007)…e, 880 So. 2d -1265, 1266-67 (Fla. 2d DCA 2004). As a result, the courts have refined the holding in Daniels so that defendants do not typically receive jail credit for time in jail prior to their actual arrest for a new offense. See White v. State, 940 So. 2d 1165 (Fla. 2d DCA [*1246] 2006); Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002); Davenport v. State, 664 So. 2d 323 (Fla. 1st DCA 1995). The circumstances in this case, however, are different from those in a case like Davenport, in which bond was rev…
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Gonzalez v. State, 17 So. 3d 1277 (Fla. 2d DCA 2009)…credit for that time against the sentences for each of those crimes.” Id. at 594. Gonzalez was entitled to credit in each of these cases for the time he spent in jail awaiting the disposition of his community control violation. See White v. State, 940 So. 2d 1165 (Fla. 2d DCA 2006); Seay v. State, 928 So. 2d 479 (Fla. 2d DCA 2006); Tinker v. State, 870 So. 2d 79 (Fla. 2d DCA 2003). Accordingly, we reverse the post-conviction court’s denial of Gonzalez’s motion and remand for further proceedings consistent wi…
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Owens v. State, 41 So. 3d 372 (Fla. 4th DCA 2010)…he time served in prison in both cases, upon resentencing for violation of probation in case 2. The trial court denied the motion based on the reasoning set forth in the State’s Response. The cases cited by the State below, however, White v. State, 940 So. 2d 1165 (Fla. 2d DCA 2006), and Hawks v. State, 885 So. 2d 1020, 1022 (Fla. 5th DCA 2004), are distinguishable. In Hawks, the defendant was convicted and sentenced in two sepa [*374] rate cases, to resisting an officer with violence (case 1) and to possessi…
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
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Tinker v. State, 870 So. 2d 79 (Fla. 2d DCA 2003)