PAUL D. SHERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Paul Sherman appeals the summary denial of his motion for jail time credit, arguing he was entitled to credit from his July 2013 arrest in Osceola County through his August 2015 sentencing in Orange County. The appellate court reversed, finding the record did not conclusively establish Sherman was entitled to no relief and remanded for an evidentiary hearing to determine whether he had completed his Osceola County sentence while awaiting disposition of his Orange County case.
The appellate court held that Sherman is not entitled to jail credit in both cases from the date of his first arrest because his sentences run consecutively, not concurrently. However, the court cannot conclusively determine from the record whether Sherman is entitled to additional jail credit beyond 29 days if he had completed serving his Osceola County sentence before being sentenced in Orange County.
[1] A defendant is not entitled to jail credit toward multiple sentences if those sentences are ordered to run consecutively.
[2] When a defendant is arrested for multiple offenses, jail time is credited toward all concurrent sentences, but may be credited toward only one sentence if the sentences a…
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Join FLexlaw to unlock all legal intelligence“jail-time is credited toward all concurrent sentences, but when a defendant does not receive concurrent sentences, jail time may be credited toward only one sentence”
Establishes the governing legal principle that consecutive sentences limit jail credit to one sentence only
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSherman was arrested on July 28, 2013, in Osceola County for burglary of a conveyance while on felony probation in Orange County. He pleaded to the bu…
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Paul D. Sherman appeals the summary denial of his Florida Rule of Criminal Procedure 3.801 motion for jail time credit. Concluding that the records attached to the postconviction court’s order fail to conclusively show that Sherman is entitled to no relief, we reverse and remand.
Sherman was arrested on July 28, 2013, in Osceola County for committing a burglary of a conveyance. The arresting officer noted in his charging affidavit that Sherman was on felony probation in Orange County and thát the’commission of the burglary also constituted a .violation of Sherman’s probation. On July 31, 2013, the court in Orange County issued a warrant for the violation of probation (“VOP”). Sometime thereafter, Sherman tendered a plea to the burglary charge in Osceola County and was sentenced in that case. On July 15, 2015, Sherman was transported to the Orange County Jail, where he was seived with the YOP warrant. On August 13, 2015, Sherman tendered a plea to the VOP and was sentenced in Orange County to serve 58,2 months in prison. Sherman was awarded twenty-nine days of jail credit.
In his motion, Sherman claimed that he was entitled to jail credit from July 28, 2013, when he was first arrested in Osceola County, until August 13, 2015,: when he was Sentenced in Orange County. In summarily denying the motion, the postconviction court held that because Sherman was arrested on July 15, 2015, for violating his *1296probation and was sentenced on August 13, 2015, twenty-nine days of jail credit was properly awarded.
Based upon our review of the record and the attachments to the order, we cannot conclusively determine whether Sherman is, or 'is not, entitled to relief. Initially, we disagree with Sherman that he is entitled to all jail credit from the date he was first arrested in Osceola County. The records attached to the order on appeal clearly show that Sherman’s sentence in Orange County runs consecutive to his sentence from Osceola County. Accordingly, because his sentences are running consecutively and not concurrently, Sherman is not entitled to jail credit in both cases from the date of arrest. See Ransone v. State, 48 So.3d 692, 694 (Fla.2010) (holding that when a defendant is arrested for multiple related offenses, “jail-time is credited toward all concurrent sentences, but when a defendant does not receive concurrent sentences, jail time may be credited, toward only one sentence”). However, the record is not clear, and the order on appeal does not" address whether Sherman had completed’ serving his sentence from Osceola County. If Sherman had fully served his sentence from Osceola County, yet remained in custody pending disposition of his Orange County case, then from that point forward, Sjherman would be entitled to jail credit until he was sentenced in Orange County on August 13, 2015. When “a factual dispute exists, and the files and records do not conclusively show [the movant] is entitled to no relief, an evidentiary hearing is generally required.” Louis v. State, 143 So.3d 452, 453 (Fla. 5th DCA 2014). Accordingly, we reverse the order of the postconviction court and remand for an evidentiary hearing or attachment of additional portions of the record conclusively refuting Sherman’s claim for jail credit in excess of twenty-nine, days. •
REVERSED and REMANDED, with instructions. ■ •
TORPY and EVANDER, JJ., concur.
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Citator
Cited By
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Wiley v. State, 205 So. 3d 882 (Fla. 5th DCA 2016)…edure 3.801. Because the records attached to the trial court’s order do not conclusively refute Wiley’s claim, we remand for the trial court to either attach additional records refuting the claim or hold an evidentiary hearing. See Sherman v. State, 185 So. 3d 1295, 1296 (Fla. 5th DCA 2016) (holding that remand required where it was unclear from records attached whether defendant had completed sentence in one case but had been held in custody thereafter pending transport to different county, for disposition of…
Authorities Cited
- Ransone v. State, 48 So. 3d 692 (Fla. 2010)
- Antonious Louis v. State, 143 So. 3d 452 (Fla. 5th DCA 2014)