MANUEL L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Manuel Johnson appealed the postconviction court's denial of his motion to accredit jail time on a firearm possession charge. The court reversed, finding that Johnson was entitled to the same jail credit (223 days) on all counts since they stemmed from the same criminal episode, rather than the reduced credit (183 days) awarded on the later-charged count.
Johnson is entitled to 223 days of jail credit on count one, the same amount awarded on counts two through six, because all counts arose from the same criminal episode for which he was originally arrested on December 13, 2006, and there is no record evidence refuting his claim of continuous incarceration until sentencing.
[1] A defendant is entitled to jail time credit for the entire period of continuous incarceration awaiting sentencing, even if the incarceration stems from multiple charges a…
[2] A postconviction court must either award a defendant additional jail time credit or attach portions of the record conclusively refuting the defendant's claim when the rec…
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Join FLexlaw to unlock all legal intelligence“From our review of the limited attachments to the postconviction court's order, it appears that each count stems from the same criminal episode for which Johnson was originally arrested on December 13, 2006.”
Establishes that all counts arose from the same criminal episode, supporting equal jail credit entitlement
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Join FLexlaw to unlock all legal intelligenceJohnson was arrested on December 13, 2006, for drug and driving offenses (counts two through six) and given 223 days of jail credit. A capias was issu…
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DAVIS, Judge.
Manuel Johnson appeals the postconviction court’s denial of his motion to accredit jail time filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.
On December 13, 2006, Johnson was arrested for possession of marijuana with intent to sell or deliver (count two), possession of drug paraphernalia (count three), possession of cocaine with intent to sell or deliver (count four), burglary of an occupied structure (count five), and driving without a valid driver’s license (count six). On January 19, 2007, a capias was issued to arrest Johnson for the offense of possession of a firearm by a person under age twenty-four previously adjudicated delinquent (count one). Johnson was arrested on that charge on January 22, 2007. Upon sentencing, Johnson was awarded 223 days of jail credit on counts two through six; however, he was awarded only 183 days of credit on count one.
In his motion, Johnson claims that he is entitled to a total of 223 days’ jail credit on each count. The postconviction court denied Johnson’s motion, finding that he received the proper amount of credit based on the later arrest date on count one. However, the postconviction court erred when it denied the motion on that basis.
From our review of the limited attachments to the postconviction court’s order, it appears that each count stems from the same criminal episode for which Johnson was originally arrested on December 13, 2006. All six counts were disposed of under the same case number: Johnson was sentenced to concurrent terms of twenty-four months’ imprisonment for counts one, two, and four and to time served on counts three, five, and six. Johnson claims that he remained in jail continuously from December 13, 2006, until sentencing on July 24, 2007. The records attached to the postconviction court’s order do not refute Johnson’s claim that he is entitled to the same amount of jail time credit for each count. See McQueen v. State, 870 So. 2d 77 (Fla. 2d DCA 2003).
Because the record before this court does not refute Johnson’s claim, we reverse and remand. On remand, the trial court shall either correct Johnson’s sentence by awarding him the additional jail credit on count one or attach portions of the record conclusively refuting his claim.
Reversed and remanded.
CASANUEVA and LaROSE, JJ., Concur.
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Citator
Cited By
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Zamora v. State, 96 So. 3d 1116 (Fla. 2d DCA 2012)…led to the additional jail credit on the manufacture count because it was part of the same single criminal episode as the other three counts on which he was sentenced and for which he received the correct amount of jail credit. See Johnson v. State, 978 So. 2d 872, 872 (Fla. 2d DCA 2008); see also Roberts v. State, 64 So. 3d 1285, 1286 (Fla. 2d DCA 2011); Bronk v. State, 25 So. 3d 701, 703 (Fla. 2d DCA 2010). The postconviction court denied the instant motion as successive to an earlier motion for jail credit…
Authorities Cited
- McQUEEN v. State, 870 So. 2d 77 (Fla. 2d DCA 2003)