ROBERT WHITNEY BOWMAN, DOC # M16100, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court must award jail credit for all concurrent sentences when a defendant receives credit on one sentence.
The defendant pleaded no contest to criminal use of personal identification and grand theft, receiving concurrent sentences. The trial court awarded j…
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Robert Whitney Bowman appeals his judgments and sentences. He pleaded no contest to charges of criminal use of personal identification (count one) and grand theft (count two). The trial court sentenced Mr. Bowman to thirty months in prison for count one, to run .concurrently with thirty months in prison for count two. At sentencing, the trial court awarded Mr. Bowman ninety-two (92) days of jail credit for time served on count one. The written judgment and sentence is silent as to whether the jail credit is for one or both counts.
Mr. Bowman argues that the trial court erred in sentencing him.1 Specifically, he contends that, the trial court should have awarded jail credit for both counts. See Daniels v. State, 491 So.2d 643, 545 (Fla. 1986) (“[Wjhen ... a defendant'receives [presentence] jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.”); Ransone v. State, 48 So.3d 692, 694 (Fla.2010).
We reverse and remand for the trial court to sentence Mr. Bowman accordingly-
Reversed and remanded.
SILBERMAN and SLEET, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Penson v. Ohio, 488 U.S. 75 (U.S. 1988)
- In re App. Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991)
- Ransone v. State, 48 So. 3d 692 (Fla. 2010)