KEITH TRIBBLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Trial court properly denied jail credit for time served in another state where defendant was incarcerated on unrelated charges, as courts have discretion but are not required to award such credit.
A trial court may, but is not required to, award credit for time served in jail in another state when a defendant was incarcerated there based solely on Florida charges, but must deny credit when incarceration was on unrelated charges.
[1] A trial court has discretion to award jail credit for time served in another state when the defendant was incarcerated based solely on Florida charges, but must deny cred…
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Join FLexlaw to unlock all legal intelligenceAppellant Tribble filed a motion seeking additional jail credit for time served in jail in another state following a prior appellate decision in his c…
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PER CURIAM.
We affirm the trial court’s denial of appellant’s motion for additional jail credit for time served in jail in another state. Appellant filed the motion seeking additional credit following our decision in Tribble v. State, 948 So. 2d 52 (Fla. 4th DCA 2007).
We write to clarify that a trial court may, but is not required to, award credit for time served in jail in another state when the defendant was incarcerated there based solely on Florida charges. Kronz v. State, 462 So. 2d 450 (Fla.1985) (holding that the jail credit statute applies to Florida jails only and not to jails in other states, but courts have discretion to award credit when the defendant is incarcerated in another state based solely on Florida charges).
The rule of Gethers v. State, 838 So. 2d 504 (Fla.2003), applies to time served in jail in another Florida county only, not to time served in jail in another state. Here, appellant is clearly not entitled to additional jail credit, because the records he identified show that he was incarcerated in another state on unrelated charges. Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995) (holding that “[w]hen a prisoner is incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state”) (citation omitted).
GUNTHER, FARMER and KLEIN, JJ., concur.
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Citator
Cited By
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Brooks v. State, 91 So. 3d 212 (Fla. 4th DCA 2012)…1271 (Fla. 4th DCA 2001), but it recommended the trial court exercise its discretion to deny Brooks credit for the time he served in Georgia because he had not demonstrated that he was held there solely on the Florida warrant. See Tribble v. State, 958 So. 2d 543 (Fla. 4th DCA 2007) (affirming denial of motion for additional jail time credit; defendant clearly was not entitled to jail credit for time spent incarcerated in another state because records demonstrated he was incarcerated there on unrelated charg…
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Morales v. State, 970 So. 2d 387 (Fla. 3d DCA 2007)…holding that the jail credit statute applies to Florida jails only, not to jails in other states, but courts have discretion to award jail credit when the defendant is incarcerated in another state based solely on Florida charges); Tribble v. State, 958 So. 2d 543, 543-44 (Fla. 4th DCA 2007) (affirming the trial court’s denial of the defendant’s motion for additional jail credit for time served in jail in another state). Affirmed.…
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Gomez v. State, 984 So. 2d 577 (Fla. 4th DCA 2008)…la. 5th DCA 2004). Gomez’s motion did not allege that he was held in Pennsylvania solely on the Florida charge, and a defendant is not entitled to credit for time jailed in another state on charges unrelated to the Florida offense. Tribble v. State, 958 So. 2d 543 (Fla. 4th DCA 2007). We have considered whether Gomez’s motion could have been treated as a motion seeking additional jail credit under rule 3.800(a), and we agree with the Second District’s recent holding that a claim seeking additional jail credi…
Authorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Tribble v. State, 948 So. 2d 52 (Fla. 4th DCA 2007)