KATIE SUZANNE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Katie Suzanne Williams appeals the denial of her motion for additional jail credit under Florida Rule 3.800(a). The trial court denied credit for 30 days she spent in Seminole County custody, but the appellate court reverses because a booking document shows she was arrested in Seminole County for violating her probation, entitling her to jail credit for that period.
The court holds that Williams is entitled to jail credit for the time spent in Seminole County custody. The booking document shows she was arrested without a warrant for violating her probation, which entitles her to credit for that detention period.
[1] A probationer may be arrested without a warrant for violating probation if law enforcement has reasonable grounds to believe a material violation has occurred.
[2] A defendant is entitled to jail credit for time spent incarcerated on a probation violation charge, even if arrested on a separate charge in another county.
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Join FLexlaw to unlock all legal intelligence“the movant must demonstrate that the record shows an entitlement to additional jail credit, as well as a sentence that fails to grant such credit”
Establishes the legal standard for obtaining jail credit relief under Rule 3.800(a)
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Join FLexlaw to unlock all legal intelligenceWilliams was arrested in Marion County on June 10, 2008, for possession of cocaine and released on probation on July 30, 2008, receiving 51 days of ja…
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We once again confront the subject of jail credit. Here, we reverse the order denying relief and remand for the trial court to reconsider the issue.
The appellant, Katie Suzanne Williams, appeals the denial of her rule 3.800(a) motion in which she seeks additional jail credit to be applied to her incarcerative sentence. The trial court in considering the motion found that Ms. Williams was initially arrested and held in the Marion County Jail on June 10, 2008, for possession of cocaine, and was released upon being placed on probation on July 30, 2008. She was properly credited with 51 days time served for this interval. Ms. Williams was later taken into custody in Seminole County on August 11, 2008, and was transported to Marion County on September 10, 2008. Her claim to an entitlement to credit for this 30 day interval in Seminole County is the period that is disputed.
The trial court in denying 3.800(a) relief concluded that Ms. Williams had been arrested in Seminole County in August on another charge, but was not arrested pursuant to a bench warrant for the violation of her probation until she was returned to Marion County on September 10th. The trial court understandably found that Ms. Williams received all the jail credit to which she was entitled, evidently viewing her detention in Seminole County as being based solely on the Seminole County charge. More specifically, the trial court was apparently under the impression that Ms. Williams had only a detainer placed upon her by Marion County while she was residing in the Seminole County Jail, and thus would not be entitled to jail credit until she was actually arrested for violating her probation. See Johnson v. State, 932 So.2d 300 (Fla. 2d DCA 2006).
Our concerns regarding this disposition arise because attached to her “motion to correct credit served” is a Seminole County Sheriffs form that reflects that although on August 7, 2008, Ms. Williams was initially arrested for possession of narcotics equipment in Seminole County, she was also arrested there on August 11, 2008, on the charge of violating the probation imposed by Marion County, as well. The document attached to her motion indicates that when it was determined by the authorities in Seminole County that she was on probation, “an additional charge of Violation of Probation (warrantless) [was] added.” 1
Although a jail credit claim may be raised by use of a 3.800(a) motion to correct sentence, the movant must demonstrate that the record shows an entitlement to additional jail credit, as well as a sentence that fails to grant such credit. See State v. Mancino, 714 So.2d 429 (Fla. 1998). Here, the document appears to *730show on its face that Ms. Williams was arrested without a warrant in Seminole County on the charge of violating the probation imposed upon her by the Circuit Court in Marion County. Because the trial court may have overlooked this reference in the booking document to her “arrest” for violating probation, we reverse the order denying rule 3.800(a) relief, and remand to the trial court for reconsideration of this issue.
REVERSED and REMANDED.
PALMER, C.J. and EVANDER, J., concur.
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Perez v. State, 8 So. 3d 1152 (Fla. 5th DCA 2009)…Orange County was ordered to be served concurrently with the Volusia County sentence, he would be entitled to jail credit for the time held in Volusia County. See Elkins v. State, 884 So. 2d 499 (Fla. 5th DCA 2004). As we did in Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009), we reverse the order denying Perez’s rule 8.800(a) motion and remand to the trial court to reconsider this issue. REVERSED and REMANDED. PALMER, C.J., TORPY and EVANDER, JJ., concur. . Section 948.06(l)(a), Florida Statutes,…
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Svenson v. State, 16 So. 3d 1019 (Fla. 5th DCA 2009)…s sentenced) on the same day, November 7, 2007. It also appears that he was held continuously in jail on the VOP until he was sentenced, but he was not credited for the time he spent in the Seminole County jail on that charge. See Williams v. State, 4 So. 3d 728, 729-30 (Fla. 5th DCA 2009). With the limited record we have, we are unable to conclusively verify that the face of the record supports Appellant’s claim, but it appears to have merit. Unfortunately, the trial judge summarily denied the motion witho…
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Donny Ross v. State, 36 So. 3d 747 (Fla. 1st DCA 2010)…an entitlement to ... relief....” Fla. R.App. P. 3.800(a). Although jail-time credit is available under a Rule 3.800(a) proceeding, the prisoner “must demonstrate that the record shows an entitlement to additional jail credit....” Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009). Here, appellant, in his quite straightforward motion, suggests that the records of the Escambia County Jail will show a period of his incarceration at that facility until he was transferred to the Florida Department of Correct…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Johnson v. State, 932 So. 2d 300 (Fla. 2d DCA 2006)