ARNOLD KYLE NICHOLSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court reversed denial of jail credit and remanded, holding that appellant was entitled to 61 days of previously awarded jail credit plus any additional time served before probation revocation and sentencing.
A defendant is entitled to credit for all jail time previously awarded as a time-served sentence plus any additional jail time served before probation revocation and sentencing.
[1] A defendant previously sentenced to time served is entitled to credit for that entire time-served sentence plus any additional jail time served before subsequent sentenci…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceNicholson was arrested for defrauding an innkeeper, spent 35 days in jail, was released when charges were not filed, then re-arrested on a grand theft…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Time Served cases and more on FLexlaw
We reverse the trial court’s denial of appellant’s motion for additional jail credit and remand for the award of the proper amount of credit. Appellant was initially arrested for defrauding an innkeeper and obstructing an officer without violence. He spent 35 days in jail and was released when the State failed to file formal charges. The state, however, subsequently charged him with grand theft, and he was again arrested. Ultimately, he entered a plea to the grand theft charge and was sentenced to 61 days “time served” which included all the time he served in jail since his initial arrest for defrauding an innkeeper. This time-served sentence was followed by two years of probation.
Appellant violated probation, and the court ultimately sentenced him to 18 months in prison with credit for only 35 days for time spent in jail before sentencing following his arrest for the grand theft charge. Appellant’s motion establishes that he is entitled to the 61 days of jail credit previously awarded as a “time served” sentence in this case and any additional time served in jail before the revocation of probation and sentence. Accordingly, we reverse and remand for the trial court to award the proper amount of credit.
Reversed and remanded.
MAY, CIKLIN and LEVINE, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McCool v. State, 211 So. 3d 304 (Fla. 1st DCA 2017)…ncludes all time spent in the county jail prior to the original sentencing plus all time spent in the county jail prior to any subsequent violation sentencings.” Jenkins v. State, 749 So. 2d 527, 528 (Fla. 1st DCA 1999); see also Nicholson v. State, 141 So. 3d 757, 758 (Fla. 4th DCA 2014) (holding that the appellant was entitled to the 61 days of jail credit previously awarded as a time served sentence as well as any additional time served in jail before the revocation of probation and sentence); Kendrigan v.…