JOHN WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Williams appealed the denial of his postconviction motion challenging his sentence for probation violation. The appellate court reversed in part, finding that the postconviction court failed to address his claim that he was not credited for time served in jail awaiting the original charges, which may have caused his sentence to exceed statutory maximums.
The court reversed and remanded, holding that a probation violator is entitled to credit for time served in jail awaiting the original probationary sentence and for time awaiting disposition of the probation violation. The postconviction court must either correct the sentencing documents to reflect this credit or attach record portions conclusively refuting the claim.
[1] A claim for jail credit is cognizable under Florida Rule of Criminal Procedure 3.800(a).
[2] A probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence.
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Join FLexlaw to unlock all legal intelligence“a probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence”
Establishes the legal principle entitling Williams to jail credit
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Join FLexlaw to unlock all legal intelligenceWilliams originally pleaded guilty to three third-degree felonies in exchange for five years' probation. He served 131 days in jail when originally ch…
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John Williams challenges the postconviction court’s order denying his motion filed under Florida Rule of Criminal Procedure 3.800(a). We reverse as to one subclaim but affirm the denial of the remaining claims without comment.
Williams originally pleaded guilty to three third-degree felonies in exchange for five years’ probation. He admitted to violating his probation on May 29, 2007, and in exchange was sentenced to five years in prison. One subclaim contained within claim two of his motion was not specifically addressed by the postconviction court. Williams alleged that when the 131 days he served in jail when originally charged is added to the five-year sentence imposed after revocation, his sentence exceeds the statutory maximum. See § 921.161(1), Fla. Stat. (2006). Williams appears to have been alleging somewhat inartfully that he was not given credit for the time he spent in jail prior to the original disposition on the charges. A jail credit claim is cognizable under rule 3.800(a). State v. Mancino, 714 So.2d 429, 433 (Fla.1998). Furthermore, a probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence. Walker v. State, 543 So.2d 343, 344 (Fla. 1st DCA 1989); Kirkman v. Wainwright, 465 So.2d 1262, 1263 (Fla. 5th DCA 1985); see also § 921.161(1) (“[T]he court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.”). We therefore reverse and remand for the postconviction court to address this subclaim and either correct the sentencing documents to reflect credit for time spent in jail awaiting *331disposition of the original charges, as well as time in jail awaiting disposition of the probation violation, or attach those portions of the record that conclusively refute the subclaim.
Affirmed in part, reversed in part, and remanded with instructions.
DAVIS, WALLACE, and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barnes v. State, 74 So. 3d 1135 (Fla. 2d DCA 2011)…additional days’ jail credit and that the postconviction court incorrectly denied his motion. “[A] probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence.” Williams v. State, 12 So. 3d 330, 330 (Fla. 2d DCA 2009) (citing Walker v. State, 543 So. 2d 343, 344 (Fla. 1st DCA 1989)); Powell v. State, 763 So. 2d 364, 366 (Fla. 4th DCA 1998) (“[A] defendant is entitled to credit for time spent in custody on the violation of probation charges…
Authorities Cited
- State v. Mancino, 714 So. 2d 429 (Fla. 1998)
- Kirkman v. Louie L. Wainwright, 465 So. 2d 1262 (Fla. 5th DCA 1985)
- Willis v. State, 543 So. 2d 343 (Fla. 1st DCA 1989)