JORGE PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant, Jorge Perez, appeals the trial court’s order denying his rule 3.800(a) motion to correct illegal sentence, alleging that he has not received the appropriate credit for time served. We affirm in part and reverse in part. Appellant alleges that he is entitled to relief for the time spent incarcerated in Miami-Dade from March 24, 2002 until March 29, 2002. He was held during this period based on a warrant issued in Broward County. This falls under exception to Gathers v. State, 838 So. 2d 504 (Fla.2003) (a prisoner subject to release being held due to a detainer or warrant lodged from another county is entitled to jail time credit during that period). As such, Appellant is warranted five (5) additional days jail time credit. Accordingly, we reverse the trial court’s order and remand for the trial court to grant the appellant credit for the time spent in jail while between March 24, 2002 and March 29, 2002 while being held on a Broward County warrant. As to all other issues, we affirm.
POLEN, TAYLOR and MAY, JJ., concur.
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Ward v. State, 984 So. 2d 650 (Fla. 1st DCA 2008)…uld have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985); see also Zakrzewski v. State, 866 So. 2d 688, 694 (Fla.2003); Smalls v. State, 973 So. 2d 630, 631-32 (Fla. 1st DCA 2008); Brown v. State, 967 So. 2d 440, 443 (Fla. 4th DCA 2007). Although record attachments to the trial court’s order conclusively demonstrate that appellant understood the maximum sentence he would face if tried on count I only, nothing in the record refutes appellant’s claim that hi…
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Allen v. State, 989 So. 2d 731 (Fla. 4th DCA 2008)…elief should not be granted, the State of Florida advises that it does not dispute his entitlement to eighty-two days of credit, acknowledging his entitlement to jail credit under Gethers v. State, 838 So. 2d 504 (Fla.2003); see also Perez v. State, 967 So. 2d 440 (Fla. 4th DCA 2007). Accordingly, we reverse the trial court’s order of dismissal and remand for further proceedings on the merits of his motion for jail credit, applying Gethers. Reversed and Remanded. GROSS, MAY and DAMOORGIAN, JJ., conc…
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- Gethers v. State, 838 So. 2d 504 (Fla. 2003)