CURTIS MORGAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Morgan appealed the denial of his motion to correct an illegal sentence, claiming he was entitled to prison credit for time served in the Department of Corrections prior to resentencing for probation violation. The court reversed and remanded, holding that the trial court must either attach portions of the record supporting its denial or grant the prison credit relief sought.
The trial court must determine whether the defendant is entitled to prison credit and, if so, must check the box on the sentencing form awarding that credit. Because the record did not indicate whether Morgan was awarded the credit he sought or whether he was entitled to it, the court reversed and remanded for the trial court to either attach portions of the record supporting its denial or grant the requested relief.
[1] A trial court must determine and direct the Department of Corrections to apply credit for all time served previously on a prior sentence when a defendant is resentenced f…
[2] A trial court's failure to check the box on a sentencing form indicating a prisoner is entitled to prison credit is a claim cognizable in a motion to correct illegal sent…
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Join FLexlaw to unlock all legal intelligence“upon revocation of probation trial court shall determine amount of time spent in jail between date of arrest as probation violator and sentence date, and "shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted"”
Establishes the statutory requirement for prison credit calculation upon probation revocation
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Join FLexlaw to unlock all legal intelligenceMorgan was resentenced after violating his probation. He filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(…
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The appellant challenges the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The appellant asserts an entitlement to prison credit for time spent in the Department of Corrections on this case prior to being resentenced for violating his probation. See § 921.0017, Fla. Stat. (2009) (upon revocation of probation trial court shall determine amount of time spent in jail between date of arrest as probation violator and sentence date, and *1000“shall direct the Department of Corrections to compute and apply credit for all other time served previously on the prior sentence for the offense for which the offender is being recommitted”); Swain v. State, 845 So.2d 814 (Fla. 2d DCA 2003) (remanding the denial of a rule 3.800(a) motion for the trial court to check the prison credit box so that the appellant would be awarded time served on the charges prior to resentencing). If a defendant is entitled to prison credit the trial court must check the box on the sentencing form indicating the prisoner is entitled to prison credit.1 Armstrong v. State, 846 So.2d 1227 (Fla. 2d DCA 2003); Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999). After this is done the trial courts responsibility is over and the appellant must raise any problem he has with the application of the prison credit with the Department of Corrections. Armstrong, 846 So.2d at 1227. Because the record does not indicate that the appellant was awarded the credit he seeks or that he is not entitled to that credit, we REVERSE and REMAND for the trial court to attach portions of the record supporting its denial or to grant relief.
LEWIS, WETHERELL, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dortly v. State, 107 So. 3d 1229 (Fla. 1st DCA 2013)
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Scharman v. Crews, 123 So. 3d 147 (Fla. 1st DCA 2013)
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Rivera v. State, 257 So. 3d 1142 (Fla. 3d DCA 2018)
Authorities Cited
- Richard v. Pruitte, 845 So. 2d 314 (Fla. 2d DCA 2003)
- Corpus v. State, 744 So. 2d 594 (Fla. 2d DCA 1999)
- Armstrong v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
- Hunter v. State, 846 So. 2d 1227 (Fla. 2d DCA 2003)
- Salerno v. State, 967 So. 2d 962 (Fla. 5th DCA 2007)