JAIME L. PEREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Perez appeals the denial of his motion for additional jail credit under Florida Rule of Criminal Procedure 3.800(a). The court reversed, finding that the record demonstrates Perez may be entitled to credit for time served in Volusia County jail before his probation revocation in Orange County.
The record demonstrates that Perez may be entitled to additional jail credit. If he was not sentenced on the Volusia County charges or if his Orange County sentence was ordered to run concurrently with any Volusia County sentence, he would be entitled to jail credit for time held in Volusia County.
[1] A claim for additional jail credit may be raised pursuant to Florida Rule of Criminal Procedure 3.800(a) if the record demonstrates an entitlement to such credit.
[2] A probationer arrested without a warrant for violating probation is entitled to jail credit for the time held in custody, provided the sentence for the underlying charges…
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Join FLexlaw to unlock all legal intelligence“A jail credit claim may be raised pursuant to rule 3.800(a) if the record shows an entitlement to additional credit.”
Establishes the legal standard for reviewing jail credit claims on appeal
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Join FLexlaw to unlock all legal intelligenceWhile serving drug offender probation in Orange County, Perez was arrested without a warrant in Volusia County on unrelated charges and for violating …
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Jaime L. Perez appeals the denial of his motion for additional jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the record demonstrates that Perez may be entitled to additional jail credit, we reverse.
While Perez was serving drug offender probation imposed in an Orange County case, he was arrested in Volusia County on unrelated charges and for violating the probation imposed in Orange County. Perez alleged that he remained in the Vo-lusia County Jail for a total of 285 days before being transferred to Orange County for resolution of the VOP charge. The Orange County court revoked Perez’s probation and sentenced him to 36 months in prison. The trial court, however, only awarded Perez jail credit for 58 days.
Perez filed a rule 3.800(a) motion seeking additional jail credit. A jail credit claim may be raised pursuant to rule 3.800(a) if the record shows an entitlement to additional credit. See State v. Mancino, 714 So.2d 429 (Fla.1998). The record shows on its face that Perez was arrested without a warrant in Volusia County on the charge of violating the drug offender probation imposed in Orange County.1 Al*1153though a VOP warrant is the normal procedure for arresting a probationer, Perez was arrested for violating probation without a warrant, and therefore was held in custody pursuant to that arrest. If he was not sentenced on the Volusia County charges or if his sentence in 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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COX v. State, 218 So. 3d 453 (Fla. 1st DCA 2017)…ords that conclusively refuted the appellant’s claim that he did not receive all the jail credit for the period of time he spent in a Seminole County jail before being transferred to Orange County for sentencing in a VOP proceeding); Perez v. State, 8 So. 3d 1152 (Fla. 5th DCA 2009) (same). Collectively, these cases illustrate that a warrantless arrest for a violation of probation may entitle a defendant to jail credit in the violation of probation case even if the defendant is arrested in a different count…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Elkins v. State, 884 So. 2d 499 (Fla. 5th DCA 2004)
- Williams v. State, 4 So. 3d 728 (Fla. 5th DCA 2009)