MARIO C. GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mario Gonzalez appealed a postconviction court's order denying him jail credit in four community control violation cases. The court held that Gonzalez was entitled to jail credit for the time spent in custody awaiting sentencing in all four cases, not just one as the postconviction court had determined.
Gonzalez was entitled to jail credit for the time he spent in jail awaiting disposition in each of the four cases. When a defendant is incarcerated at the same time for multiple crimes, he receives credit for that time against the sentences for each of those crimes.
[1] A defendant is entitled to jail credit for time spent incarcerated while awaiting disposition of community control violations in all cases for which community control was…
[2] Jail credit should be applied to the sentence for each crime if a defendant was incarcerated at the same time for more than one crime.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Of course, if [the defendant] was in jail at the same time for more than one crime, he will receive credit for that time against the sentences for each of those crimes.”
Establishes the legal principle that simultaneous incarceration on multiple charges entitles a defendant to credit in all cases, not just one.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGonzalez was placed on community control in four cases on March 21, 2002. On November 6, 2002, he was arrested for violating conditions of community c…
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Mario Gonzalez challenges the postcon-viction court’s order denying his request for jail credit pursuant to Florida Rule of Criminal Procedure 3.800(a). Gonzalez claims entitlement to jail credit in four cases for the time he spent in jail after he was arrested for violating community control until he was sentenced to Florida State Prison. Because the postconviction court erroneously determined that credit should be applied to only one of his cases, we reverse and remand for further proceedings.
Gonzalez was placed on community control in case numbers 00-8365, 00-9991, GO-15625, and 01-11693 on March 21, 2002. On November 6, 2002, Gonzalez was arrested by a deputy sheriff who filed a *1278criminal report affidavit stating that Gonzalez was arrested for “violation of probation/burglary/# 0009991CF.” Ultimately, an affidavit was filed in all four cases alleging that Gonzalez had violated conditions of his community control by loitering and prowling, by giving a false name to a law enforcement officer, and by failing to remain confined to his approved residence. All of this conduct occurred on the date of his arrest and incarceration on November 6, 2002. Based on this affidavit, the trial court revoked Gonzalez’s community control in all four cases on February 11, 2003, and sentenced him to various concurrent terms of imprisonment.
These documents clearly demonstrate that Gonzalez was in custody for community control violations in all four of his cases for the ninety-eight days from November 6, 2002, until February 11, 2003. However, the sentencing documents reveal that he was given such credit only on case number 00-9991.
In determining that Gonzalez was not entitled to credit in all four cases, the postconviction court apparently placed excessive weight on the arresting officer’s notation that Gonzalez was arrested for violating probation in case number 00-9991. Citing Keene v. State, 500 So.2d 592, 594 (Fla. 2d DCA 1986), the postcon-viction court concluded that Gonzalez was entitled to credit only against the sentence for that case. Keene is applicable when a defendant is arrested on various dates for various charges; in that situation, the defendant will receive presentence credit relevant to each charge even though concurrent sentences are ultimately imposed in all cases on the same date. Here, however, a concluding observation by the Keene court is applicable: “Of course, if [the defendant] was in jail at the same time for more than one crime, he will receive credit for that time against the sentences for each of those crimes.” Id. at 594.
Gonzalez was entitled to credit in each of these cases for the time he spent in jail awaiting the disposition of his community control violation. See White v. State, 940 So.2d 1165 (Fla. 2d DCA 2006); Seay v. State, 928 So.2d 479 (Fla. 2d DCA 2006); Tinker v. State, 870 So.2d 79 (Fla. 2d DCA 2003). Accordingly, we reverse the post-conviction court’s denial of Gonzalez’s motion and remand for further proceedings consistent with this opinion.
Reversed and remanded.
WALLACE and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Milligan v. State, 88 So. 3d 1031 (Fla. 2d DCA 2012)…al credit. Because the record demonstrates that Milligan was in custody for violating probation in both cases, he is entitled to credit in both cases for the time he spent in jail between July 25, 2007, and October 16, 2007. See Gonzalez v. State, 17 So. 3d 1277, 1278 (Fla. 2d DCA 2009); Tinker v. State, 870 So. 2d 79, 80 (Fla. 2d DCA 2003). Accordingly, we reverse the postconviction court’s denial of Milligan’s motion and remand for further proceedings consistent with this opinion. Affirmed in part, reve…
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Williams v. State, 116 So. 3d 627 (Fla. 2d DCA 2013)…es are ultimately imposed in all cases on the same date.... “Of course if [the defendant] was in jail at the same time for more than one crime, he will receive credit for that time against the sentences for each of those crimes.” Gonzalez v. State, 17 So. 3d 1277, 1278 (Fla. 2d DCA 2009) (quoting Keene, 500 So. 2d at 594). Because the record supports Williams’ assertion that he was entitled to credit in both cases for the time he spent in jail from January 29, 2006, to November 3, 2006, we reverse and remand…
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Duffy v. State, 117 So. 3d 474 (Fla. 2d DCA 2013)…quoting Martin v. State, 243 So. 2d 189, 190-91 (Fla. 4th DCA 1971))). . We note that Milligan is the latest in a line of cases from this court reversing and remanding for the award of jail credit under similar circumstances. See Gonzalez v. State, 17 So. 3d 1277, 1278 (Fla. 2d DCA 2009) (holding that although criminal report affidavit stated that Gonzalez was arrested in only one case, because an affidavit of violation of community control was filed in all four cases and community control was revoked in all…
Authorities Cited
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Tinker v. State, 870 So. 2d 79 (Fla. 2d DCA 2003)
- White v. State, 940 So. 2d 1165 (Fla. 2d DCA 2006)
- Gallon v. State, 928 So. 2d 479 (Fla. 1st DCA 2006)