RONALD A. BRYAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed summary denial of jail credit motion and remanded because defendant was entitled to one additional day of jail credit under Florida Rule of Criminal Procedure 3.800(a).
A defendant is entitled to jail credit for each day served in county jail prior to sentencing.
[1] A defendant is entitled to jail credit for each day served in the county jail prior to sentencing.
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Join FLexlaw to unlock all legal intelligenceAppellant was sentenced on March 2, 2004, to five years with credit for 204 days served in one case, and on April 20, 2004, to five years with credit …
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PER CURIAM.
Appellant challenges the summary denial of his “Motion To Allow Credit For Jail Time” filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because appellant is entitled to an additional day of jail credit, we reverse.
On March 2, 2004, after a violation of probation, appellant was sentenced in case number 03-0556G to five years’ imprisonment with credit for 204 days served. He was further sentenced on April 20, 2004, to five years’ imprisonment with credit for 253 days served in case number 05-2561G. In the instant motion, appellant alleges that he is entitled to 273 days of jail credit in both cases. While this blanket assertion is incorrect, the trial court correctly noted that appellant is entitled to credit for 254 days served from August 11, 2003, to April 20, 2004, in ease number 03-2561G. The trial court, however, failed to grant the additional day of jail credit. Appellant is entitled to jail credit for each day he served in the county jail prior to sentencing. See Griffin v. State, 828 So. 2d 1087 (Fla. 1st DCA 2002).
We therefore reverse the trial court’s summary denial of the appellant’s motion for jail time credit and remand for the trial court to grant appellant an additional day of jail credit in case number 05-2561G.
REVERSED AND REMANDED.
BROWNING, C. J., VAN NORTWICK and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gore v. State, 828 So. 2d 1087 (Fla. 1st DCA 2002)
- Griffin v. State, 828 So. 2d 1087 (Fla. 1st DCA 2002)