GREGORY GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in denying the defendant's motion for jail credit without refuting his sworn claim.
The defendant claimed he was continuously incarcerated from June 28, 2007, to August 17, 2007, due to a federal detainer. The trial court believed he …
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ALTENBERND, Judge.
Gregory Green appeals the denial of his postconviction motion seeking additional jail credit. We reverse and remand for further proceedings, which should be conducted on an expedited basis.
Mr. Green claims that he was in jail at all times from June 28, 2007, until August 17, 2007, pending disposition of two felony drug offenses and two misdemeanors. The circuit court believes that Mr. Green was arrested on June 28, 2007, and released on bond on June 29, 2007. The circuit court also believes that he was arrested again on July 17, 2007, and remained in jail until the charges were resolved on August 17, 2007. Thus, this matter involves a disagreement as to Mr. Green’s status between June 29 and July 17, 2007.
Mr. Green’s sworn motion claims that he was not actually released on bond by the Polk County Sheriff because the United States Marshal placed a detainer on him, claiming a violation of a term of probation that he was serving on a federal offense. The documents attached to the trial court’s order denying Mr. Green’s motion do not refute his sworn claim. The documents do reflect that appearance bonds were written on June 29 and filed with the clerk of the circuit court. However, the recommitment form prepared and dated July 17, 2007, indicates that Mr. Green could not bond out because of two holds for other charges. The documents indicate that the premiums for the bonds written on June 29, 2007, were returned to Mr. Green because he had never been released. The records from the Polk County Jail seem to support Mr. Green’s claim.
Accordingly, we reverse and remand for further proceedings. Because Mr. Green is currently scheduled to be released from prison on June 30, 2008, the circuit court shall reconsider Mr. Green’s motion on an expedited basis.
Reversed and remanded.
SILBERMAN and LaROSE, JJ„ Concur.
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Bronk v. State, 25 So. 3d 701 (Fla. 2d DCA 2010)…initial arrest for a criminal offense. See Gethers v. State, 838 So. 2d 504, 506-07 (Fla.2003); Bedford v. State, 880 So. 2d 1265, 1266-67 (Fla. 2d DCA 2004). Jail credit continues to accrue until an actual release from custody. See Green v. State, 979 So. 2d 395 (Fla. 2d DCA 2008). Failure to appear is an unusual offense because the first warrant issued for the criminal act is often issued in an earlier case. A single act is essentially an act of disobedience or contempt in the first case and a separate fe…
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Chuy Francisco Solis v. State, 38 So. 3d 230 (Fla. 2d DCA 2010)…and the trial court’s order denying the motion, filed June 2, 2006. The fact that Solis’s counsel filed a motion for pretrial release after the date Solis claims his bond was revoked suggests that his bond was, in fact, revoked. See Green v. State, 979 So. 2d 395, 396 (Fla. 2d DCA 2008) (noting that because documents indicated that the premiums for bonds were returned to the defendant, the record appeared to support the defendant’s claim that he was not released from jail and was entitled to additional jail…
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Lynn v. State, 31 So. 3d 279 (Fla. 2d DCA 2010)…Thus, according to Mr. Lynn, he was in jail on this charge from October 2, 2007, until sentencing in December 2008. The records relied upon by the postconviction court do not reflect that Mr. Lynn was actually released. The facts in Green v. State, 979 So. 2d 395 (Fla. 2d DCA 2008), are strikingly similar. Mr. Green filed a postconviction motion seeking additional jail credit. Id. at 395. The trial court denied the motion because the record showed that bond was posted. Id. Mr. Green’s sworn motion claimed th…
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