WILLIAM RAYMOND NIEVES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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William Nieves sought additional jail credit under Florida Rule of Criminal Procedure 3.800(a), claiming he was entitled to 103 days of credit in case 11-CF-17601 that was not awarded at sentencing. The appellate court reversed the denial of his motion, finding that his bond in the original case was revoked when he was arrested on new charges, thereby entitling him to jail credit for the period between his release on bond and revocation.
The court reversed and remanded, holding that Nieves was entitled to jail credit in case 11-CF-17601 because the first appearance order clearly reflected that his bond in that case was revoked, thereby placing him 'in jail' for purposes of that case number. The postconviction court must now award the correct number of days of credit.
[1] A motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is an appropriate means of requesting correction of a sentence that does not grant proper credit fo…
[2] A defendant arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences, even if the sentences run conc…
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Join FLexlaw to unlock all legal intelligence“a defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences are run concurrently”
Establishes the general rule limiting jail credit application across multiple charges
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Join FLexlaw to unlock all legal intelligenceNieves was arrested on July 14, 2011, charged in case 11-CF-17601, and released on bond on July 16, 2011. He was arrested on new charges on August 5, …
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William Nieves filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) alleging that he is due an additional 103 days of jail credit, and the postcon-viction court denied the motion.1 We reverse and remand for further proceedings.
Nieves was initially arrested on July 14, 2011, and charged in case number 11-CF-17601. He was released on bond on July *16316, 2011. He was arrested on new charges on August 5, 2011; these generated three additional cases. Then, while in jail on these charges, he was arrested on August 10 on further charges, resulting in two more cases. He did not bond out in the five new cases. After pleading no contest to all the charges, he was sentenced on November 14, 2011, to five years in prison in all cases, concurrent. The trial court awarded him jail credit from either August 5 or August 10 to November 14 (97 days and 102 days, respectively) in the five new cases but only three days of credit in case ll-CF-17601, for July 14-16, 2011.
Nieves filed a rule 3.800(a) motion requesting 103 days of credit.2 The post-conviction court denied the motion. On rehearing, Nieves provided additional documentation to support his claim, but the court dismissed the rehearing motion.
A motion filed pursuant to rule 3.800(a) is an appropriate means of requesting correction of “a sentence that does not grant proper credit for time served.” Fla. R. Crim. P. 3.800(a). However, “a defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences are run concurrently.” Washington v. State, 873 So.2d 609, 610 (Fla. 2d DCA 2004); see also Keene v. State, 500 So.2d 592, 594 (Fla. 2d DCA 1986) (“The fact that a defendant receives concurrent sentences at the same time does not mandate that the longest of the jail time credits be applied against all of the sentences. Therefore, appellant is only entitled to credit against each sentence for the time spent in jail for the charge which led to that sentence.”). The issue, therefore, is whether Nieves was “in jail” in case number ll-CF-17601 when, after being released on bond, he was arrested on new charges.
According to Blake v. State, 807 So.2d 772, 773 (Fla. 2d DCA 2002), a defendant is not entitled to jail credit in a given case until his bond is revoked in that case. Here, Nieves attached to his motion for rehearing a copy of the first appearance order on the new charges filed with the clerk on August 6, 2011. The order includes this directive: “Revoke Bond 11-CF-017601.” Because the face of the record, see Fla. R. Crim. P. 3.800(a), reflects that Nieves’s bond was revoked, he is deemed to have been in jail for purposes of this case number and must be awarded appropriate credit. We therefore reverse and remand for the postconviction court to review the record and award the correct number of days of credit in case number ll-CF-17601.
Reversed and remanded.
ALTENBERND and MORRIS, JJ., Concur.
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Citator
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De La Cruz v. State (Fla. 5th DCA 2018)…PER CURIAM. AFFIRMED. See Fla. R. Crim. P. 3.800(a)(2); Jones v. State, 198 So. 3d 920, 921 (Fla. 5th DCA 2016); Mills v. State, 23 So. 3d 186, 187 (Fla. 1st DCA 2009); see also Nieves v. State, 113 So. 3d 162, 163 (Fla. 2d DCA 2013) (“[A] defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences are run concurrently.” (quoting Washington v. S…
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De La Cruz v. State, 258 So. 3d 515 (Fla. 5th DCA 2018)…General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Fla. R. Crim. P. 3.800(a)(2); Jones v. State, 198 So. 3d 920, 921 (Fla. 5th DCA 2016); Mills v. State, 23 So. 3d 186, 187 (Fla. 1st DCA 2009); see also Nieves v. State, 113 So. 3d 162, 163 (Fla. 2d DCA 2013) (“[A] defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to 2 all prison sentences even though the sentences are run concurrently.” (quoting Washingt…
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State v. Smith (Fla. 2d DCA 2021)…he amount of jail time credit the defendant is to receive."). doing, however, we caution the trial court that the imposition of jail credit should be limited to that due based on time spent in jail for each offense. See § 921.161; Nieves v. State, 113 So. 3d 162, 163 (Fla. 2d DCA 2013); Washington v. State, 873 So. 2d 609, 610 (Fla. 2d DCA 2004) ("[A] defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986)
- Blake v. State, 807 So. 2d 772 (Fla. 2d DCA 2002)
- Whitfield v. State, 864 So. 2d 562 (Fla. 1st DCA 2004)
- Washington v. State, 873 So. 2d 609 (Fla. 2d DCA 2004)