GABRIEL BARRIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Gabriel Barrier appealed the denial of his motion for credit for time served, arguing he was entitled to additional jail time credit for the period he spent in Miami-Dade County Jail while awaiting transfer on a Broward County probation violation warrant. The court reversed and remanded, holding that Barrier was entitled to credit for time served in Miami-Dade County from January 18 to September 13, 2006, when arrested on the Broward County warrant.
Barrier is entitled to credit for time served in Miami-Dade County from January 18 to September 13, 2006, because he was arrested and held pursuant to a warrant from another county during that period.
[1] A defendant is entitled to credit for time served in jail when arrested pursuant to a warrant from another county, even if already incarcerated in the arresting county.
[2] A defendant is entitled to credit for time spent incarcerated in one county solely on charges from another county, even after completing the sentence for the charges in t…
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Join FLexlaw to unlock all legal intelligence“defendant is entitled to credit for time served when he has been arrested pursuant to a warrant from another county”
Establishes the legal principle that jail time credit must be given when a defendant is arrested on an out-of-county warrant
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Join FLexlaw to unlock all legal intelligenceBarrier was arrested in Broward County for burglary on July 13, 2005, and sentenced to two years probation. On November 23, 2005, he was arrested in M…
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PER CURIAM.
Gabriel Barrier appeals the denial of his rule 3.800(a) motion which sought credit for time Barrier previously served in this case. Barrier filed the instant motion within two years of the imposition of his sentence, and the motion is properly sworn, meaning this court may consider it as having been filed in accordance with rule 3.850. See Autrey v. State, 736 So. 2d 94, 94 (Fla. 4th DCA 1999).
Barrier was arrested in Broward County for one count of burglary and sentenced to two years of probation on July 13, 2005. On November 23, 2005, he was arrested in Miami-Dade County for one count of strong-arm robbery. While in Miami-Dade County Jail, Broward County issued an arrest warrant for violation of probation. On January 18, 2006, Barrier, who was already in Miami-Dade County Jail, was arrested pursuant to the Broward County warrant. Barrier completed his sentence for the Miami-Dade County charge on September 2, 2006. However, he remained in Miami-Dade County Jail until September 13, 2006, when he was transferred to Broward County Jail. On October 17, 2006, the Broward County trial court revoked Barrier’s probation and sentenced him to three years in Florida State Prison. The trial court granted Barrier 36 days of credit for the time he spent in Broward County Jail awaiting his sentencing.
Barrier asserted he is entitled to an additional 239 days of credit for the time he served in Miami-Dade County from January 18, 2006, to September 13, 2006. The record indicates Barrier was arrested while in custody in Miami-Dade County on the Broward County warrant on January 18, 2006. Additionally, Barrier was transferred to the Broward County Jail on September 13, 2006. On the record before us, Barrier is entitled to the additional credit for the time period between January 18 and September 13, 2006. See Trout v. State, 927 So. 2d 1052, 1054 (Fla. 4th DCA 2006) (stating that defendant is entitled to credit for time served when he has been arrested pursuant to a warrant from another county) (citations omitted).1
We reverse and remand for the trial court to correct Barrier’s sentence, giving him the appropriate jail time credit consistent with this opinion.
Reversed and Remanded for Further Proceedings.
GROSS, STEVENSON and DAMOORGIAN, JJ., concur. . The Miami-Dade County Jail booking report reflects that Barrier completed his Miami-Dade County sentence on September 2, 2006. He was not transferred to Broward County Jail until September 13, 2006, meaning there was “a period of time when he was incarcerated in Miami-Dade solely on the Broward charges.” Martinez v. State, 940 So. 2d 1277, 1278 (Fla. 4th DCA 2006).
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Citator
Cited By
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Ransone v. State, 20 So. 3d 445 (Fla. 4th DCA 2009)…a trial court that ‘reaches the right result, but for the wrong reasons’ so long as ‘there is any basis which would support the judgment in the record’ ”) (citation omitted). We write to clarify two prior decisions of this court, Barrier v. State, 987 So. 2d 772 (Fla. 4th DCA 2008), and Trout v. State, 927 So. 2d 1052 (Fla. 4th DCA 2006). In addition, we certify conflict with Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999). Facts On August 3, 2004, Ransone was convicted of Grand Theft in Broward Count…1 / 2
Authorities Cited
- Autrey v. State, 736 So. 2d 94 (Fla. 4th DCA 1999)
- State v. Parrella, 736 So. 2d 94 (Fla. 4th DCA 1999)
- Trout v. State, 927 So. 2d 1052 (Fla. 4th DCA 2006)
- Martinez v. State, 940 So. 2d 1277 (Fla. 4th DCA 2006)