TYRONE JERMELL DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Tyrone Davis appealed the denial of his motion to correct his sentence, seeking additional jail time credit for his probation violation. The Fourth District Court of Appeal reversed and remanded, holding that Davis was entitled to credit for all time served in county jail unless the trial court's records conclusively refuted his claim.
Davis was entitled to credit for all time served in county jail on the underlying offense, the instant violation of probation, and previous violations of the same probation unless the trial court's records conclusively refuted his entitlement. Because the records before the trial court did not conclusively refute Davis's claim, the court was required to grant the additional credit or remand for further proceedings.
[1] A defendant is entitled to credit for all time spent in county jail before sentencing on a violation of probation, including time served on the underlying charge and prio…
[2] Jail credit is mandatory unless the record clearly reflects that the defendant waived such credit.
Previewing 2 of 5 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“the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.”
Establishes the mandatory nature of jail time credit under Florida Statutes section 921.161(1)
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Join FLexlaw to unlock all legal intelligenceDavis was sentenced for a violation of probation and received a consecutive sentence for a new offense. During sentencing, the trial court stated it a…
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The Appellant, Tyrone Davis, challenges the denial of his motion to correct sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which sought additional credit for time served in the county jail. Davis alleged that he was entitled to credit for 1,051 days toward his violation of probation sentence. During the sentencing hearing, the court awarded him credit for “every day previously served.” The written sentencing order awarded credit for 1,012 days.
We review the order denying the requested relief de novo. Willard v. State, 22 So.3d 864, 864 (Fla. 4th DCA 2009) (citation omitted). Section 921.161(1), Florida Statutes (2010), provides that “the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” In the context of a violation of probation sentence, a defendant is entitled to all time spent in jail prior to being sentenced and after being sentenced on the underlying charge. Robinson v. State, 827 So.2d 345, 345 (Fla. 4th DCA 2002) (citation omitted). A defendant is also entitled to credit for time served in jail for *1057the current violation of probation and prior violations of the same probation. Waithe v. State, 941 So.2d 534, 535 (Fla. 4th DCA 2006) (citation omitted). Credit is mandatory unless the record clearly reflects that the defendant waived such credit. Id.
In its response to the motion, the State cited Gathers v. State, 838 So.2d 504 (Fla.2003), as support for its contention that Davis was not entitled to additional credit. However, Gethers does not apply as it addresses credit for time served on unrelated offenses in different counties where a detainer was placed on the defendant while he was in another county but an issued warrant was never executed. In the instant case, the records before the trial court indicate those circumstances are not present.
The State also cited Daniels v. State, which holds that a defendant is entitled to credit for time spent in jail on multiple charges if the sentences run concurrently. 491 So.2d 543, 545 (Fla.1986). Although the record reflects that Davis received a consecutive sentence for the new offense, he was sentenced first for the violation of probation. “When consecutive sentences are imposed, a defendant must be given jail credit only on the first of the consecutive sentences.” Ransone v. State, 20 So.3d 445, 448-49 (Fla. 4th DCA 2009). This is so even if the defendant is held on other charges during some or all of that time. Davis v. State, 473 So.2d 46, 46 (Fla. 4th DCA 1985) (citing Miller v. State, 297 So.2d 36, 38 (Fla. 1st DCA 1974)).
The records attached to the motion reflect that Davis served 1,0501 days in jail for the underlying offense, the instant violation of probation, and previous violations of the same probation. The records attached to the State’s response and incorporated into the order denying relief do not conclusively refute that Davis is entitled to the credit he requested. Moreover, the trial court’s order did not make it apparent what portion of the 1,050 days it was not crediting.
Because the records before the trial court did not refute the claim of entitlement to additional credit, we reverse and remand for further proceedings. We recognize that records may exist which refute the claim for additional credit. Therefore, on remand, the trial court may again deny the motion if it attaches records to its order that conclusively refute that Davis is entitled to additional credit. Otherwise, the court must award Davis credit for all time served in the county jail on the underlying offense, the instant violation of probation, and previous violations of the same probation.
Reversed and remanded.
POLEN and LEVINE, JJ., concur.
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Citator
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Reasee v. State, 123 So. 3d 693 (Fla. 4th DCA 2013)…ng § 921.161(1), Fla. Stat. (2011)). This credit for time served is mandatory under section 921.161 and includes any portion of jail time served for the current violation of probation and prior violations of the same probation. Id,.; Davis v. State, 88 So. 3d 1055, 1056-57 (Fla. 4th DCA 2012). The twenty-seven days that the defendant spent in jail between February 17 and March 17, even if these days coincided with the period that the defendant was in county jail awaiting transfer to prison on the VOP-I sente…
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MacKendale v. State, 112 So. 3d 604 (Fla. 4th DCA 2013)…ing in case no. 08-9714CFA02, which awarded 212 days jail credit, finding this to be in compliance with Daniels. We review the trial court’s order denying appellant’s motion to correct illegal sentence under Rule 3.800(a) de novo, Davis v. State, 88 So. 3d 1055, 1056 (Fla. 4th DCA 2012). Here, appellant’s motion alleges that in case no. 08-9714CFA02 he spent 210 days in jail both before he was originally sentenced to probation in that case and prior to VOP resentencing. If true, appellant would be entitled…
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Garard v. State, 127 So. 3d 560 (Fla. 4th DCA 2012)…rocedure 3.850. Garard’s motion contained four points. We affirm points two, three and four, and remand for further review of Garard’s first point concerning jail credit associated with his viola [*561] tion of community control. See Davis v. State, 88 So. 3d 1055 (Fla. 4th DCA 2012). MAY, C.J., STEVENSON and GROSS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Willard v. State, 22 So. 3d 864 (Fla. 4th DCA 2009)
- Ransone v. State, 20 So. 3d 445 (Fla. 4th DCA 2009)
- Robinson v. State, 827 So. 2d 345 (Fla. 4th DCA 2002)
- Waithe v. State, 941 So. 2d 534 (Fla. 4th DCA 2006)
- Davis v. State, 473 So. 2d 46 (Fla. 4th DCA 1985)