LAFAYETTE LATRELL RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lafayette Richardson appealed a post-conviction court's denial of his motion for jail credit, arguing the court failed to apply 357 days of pre-sentence jail credit to one of his three concurrent sentences. The appellate court reversed, holding that because Richardson's sentences run concurrently and he clearly identified the case number and dates of his incarceration in his motion, the court should have awarded the jail credit.
The court reversed and remanded, holding that Richardson was entitled to jail credit for his pre-sentence incarceration in case 12-6456. Because his sentences in all three cases run concurrently and he properly identified the case number and dates in his motion, the post-conviction court must determine the appropriate amount of jail credit to apply to the 12-6456 sentence.
[1] A court must grant a defendant credit for all time spent in county jail before sentencing, even if the defendant fails to list all relevant case numbers at the top of a p…
[2] When a defendant receives pre-sentence jail-time credit on a sentence that runs concurrently with other sentences, all concurrent sentences must reflect the credit for ti…
Previewing 2 of 3 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“[a] sentence of imprisonment shall not begin to run before the date it is imposed, but 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 statutory requirement that courts must award pre-sentence jail credit under section 921.161(1), Florida Statutes.
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Join FLexlaw to unlock all legal intelligenceRichardson was arrested in case number 12-6456 on July 19, 2012, at which time his bond was revoked in two earlier cases (12-4479 and 12-4480). He rem…
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Lafayette Richardson appeals the post-conviction court order denying his motion filed under Florida Rule of Criminal Procedure 3.801; we reverse.
In his motion, Richardson argued that although the court properly awarded ten days of credit for the time he spent in the Polk County Jail in case numbers 12^4479 and 12-4480, the court failed to apply 357 days of jail credit to which he is entitled for the time he was held in the Polk County Jail from July 19, 2012, to July 11, 2013, awaiting sentencing in case number 12-6456.
In its order denying relief, the postcon-viction court only considered Richardson’s jail credit from case numbers 12^4479 and 12-4480, apparently because Richardson listed only those case numbers at the top of his rule 3.801 motion. However, Richardson clearly referenced case number 12-6456 in the body of the motion, provided the dates and location of incarceration, and identified the total credit that was not properly awarded.
Section 921.161(1), Florida Statutes (2013), states that “[a] sentence of imprisonment shall not begin to run before the date it is imposed, but 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.” “ ‘[W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.’ ” Ran *713 sone v. State, 48 So.3d 692, 694 (Fla.2010) (quoting Daniels v. State, 491 So.2d 543, 545 (Fla.1986)).
Richardson alleged in his motion that he was arrested in case number 12-6456 on July 19, 2012, at which time the court revoked his bond in case numbers 12-4479 and 12-4480, and held him without bond in the Polk County Jail until he pleaded no contest in all three cases on July 11, 2013. Richardson’s sentences in case numbers 12-4479, 12-4480, and 12-6456, were ordered to run concurrently; therefore we reverse and remand for the postconviction court to determine the amount of jail credit that should be applied to Richardson’s sentence from case number 12-6456.
Reversed and remanded.
CASANUEVA, LaROSE, and CRENSHAW, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Ransone v. State, 48 So. 3d 692 (Fla. 2010)