TIMOTHY SNEED, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Timothy Sneed appeals the trial court's denial of his Rule 3.800(a) motion seeking additional credit for time served. The court reverses and remands because the State conceded Sneed is entitled to additional credit, and the trial court must determine the proper amount.
Sneed is entitled to additional credit for time served. The trial court erred in failing to award the additional credit requested. The case is reversed and remanded for the trial court to review the record and determine the proper amount of credit for time served.
[1] A trial court's order denying a motion for credit for time served is reversible when the State concedes the defendant is entitled to additional credit.
[2] Upon reversal and remand for determination of credit for time served, the trial court must review the record to ascertain the proper amount of credit.
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The oral pronouncement of sentence at resentencing in 2006, establishing Sneed's entitlement to full credit for time served
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Join FLexlaw to unlock all legal intelligenceSneed was first tried in 2000 and retried in 2005. At resentencing in 2006, the trial court orally announced credit for 'all time served,' but the wri…
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Timothy Sneed (“Sneed”) appeals the denial of his motion, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the trial court’s order and remand for further proceedings.
This case has followed a tortuous path from Sneed’s first trial in 2000 to his retrial in 2005, and has continued with his subsequent unsuccessful attempts to receive the proper amount of credit for time served since his resentencing in 2006. At resentencing, the trial court orally announced that Sneed was entitled to “credit for all time served.” The written sentence reflects an award of 465 days credit.1
In April 2009, Sneed filed a Rule 3.800(a) motion arguing entitlement to a total of 2,746 days credit for time served in jail and prison prior to resentencing in 2006. In February 2010, the trial court granted Sneed’s motion; however, the order does not determine the amount of time awarded. In March 2010, the court entered a corrected sentence providing that Sneed be given credit for only 1,265 days. Subsequently, Sneed sought rehearing and clarification and also filed a motion to enforce the February order, asserting that the amount of credit awarded was incorrect and that he should receive an additional 1,481 days credit for time served. The trial court summarily denied Sneed’s motion to enforce.2
In appealing this denial, Sneed contends that the trial court erred in failing to award him the additional credit requested. Pursuant to this Court’s order, the State filed a response, conceding that Sneed is entitled to additional credit for time served. According to its calculations, however, the State asserts that Sneed may be entitled to a total of 2,703 days credit, rather than 2,746 days that Sneed requests. Based on the State’s concession that Sneed is entitled to additional credit for time served, we reverse the trial court’s order. On remand, the trial court must review the record for a determination of the proper amount of credit for time served, which Sneed should receive. After *515this determination has been made, the trial court shall enter a corrected sentence.
Reversed and remanded with directions.