JERMAINE A. HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERMAINE A. HARRIS, APPELLANT,
STATE OF FLORIDA, APPELLEE
74 So. 3d 1099
Florida District Court of Appeal, First District (2011)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant challenges the lower court’s order granting in part and denying in part his motion to correct illegal sentence. We affirm all but the first issue, and reverse and remand with directions to reinstate the 766 days of jail credit for time served on Counts IV and V that were improperly rescinded from defendant’s initial judgment and sentence. See Davis v. State, 63 So.3d 847 (Fla. 1st DCA 2011); Session v. State, 37 So.3d 873 (Fla. 1st DCA 2010); Palmer v. State, 22 So.3d 795 (Fla. 1st DCA 2009); Canete v. Dep’t of Corrs., 967 So.2d 412 (Fla. 1st DCA 2007); Wheeler v. State, 880 So.2d 1260 (Fla. 1st DCA 2004).
AFFIRMED IN PART, REVERSED IN PART and REMANDED.
DAVIS, PADOVANO, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Washington v. State, 199 So. 3d 1110 (Fla. 1st DCA 2016)…ted States Constitution.” Session v. State, 37 So. 3d 873, 873 (Fla. 1st DCA 2010). Thus, we prohibit the rescission of jail credit, even when it was awarded in error. Davis v. State, 63 So. 3d 847, 847 (Fla. 1st DCA 2011); see also Harris v. State, 74 So. 3d 1099 (Fla. 1st DCA 2011) (reversing and remanding for the reinstatement of jail credit that was improperly rescinded); Palmer v. State, 22 So. 3d 795, 797 (Fla. 1st DCA 2009) (“Jail credit cannot be rescinded after it has been awarded, even if the award…
Authorities Cited
- Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA 2004)
- Canete v. Fla. Dep't OF Corr., 967 So. 2d 412 (Fla. 1st DCA 2007)
- Palmer v. State, 22 So. 3d 795 (Fla. 1st DCA 2009)
- Session v. State, 37 So. 3d 873 (Fla. 1st DCA 2010)
- State v. Gulden, 63 So. 3d 847 (Fla. 4th DCA 2011)
- Waggle Bros., Inc. v. Fla. Unemployment Appeals Comm'n & Michael W. Braun, 37 So. 3d 873 (Fla. 3d DCA 2010)
- Davis v. State, 63 So. 3d 847 (Fla. 1st DCA 2011)