ROY MIDDLETON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROY MIDDLETON, APPELLANT,
STATE OF FLORIDA, APPELLEE
213 So. 3d 963
Florida District Court of Appeal, First District (2015)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The appellant filed a timely rule 3.801 motion asserting that he is entitled to jail credit for the time he was held in the Escambia County Jail awaiting his second trial until the date of sentencing, June 29, 2012. See § 921.161(1)-(2), Fla. Stat.; Kitchen v. State, 20 So.3d 975 (Fla. 4th DCA 2009). The state concedes that appellant is entitled to this jail credit. We therefore reverse and remand for the trial court to determine and award the amount of jail credit to be awarded for this time period. See Kitchen at 977 (citing Hidalgo v. State, 729 So.2d 984, 986-87 (Fla. 3d DCA 1999)).
REVERSED AND REMANDED.
ROBERTS, C.J., MARSTILLER and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright v. State, 272 So. 3d 532 (Fla. 1st DCA 2019)…was not entitled to the credit on the merits. We disagree with the court’s conclusion that the motion was legally insufficient. Criminal defendants are entitled to credit for time spent in county jail awaiting re-sentencing. Middleton v. State, 213 So. 3d 963 (Fla. 1st DCA 2015). And Mr. Wright’s motion alleged everything that was required pursuant to Florida Rule of Criminal Procedure 3.801. The record attachments do not conclusively refute his jail credit claim. See McIntosh v. State, 146 So. 3d 12…
Authorities Cited
- Hidalgo v. State, 729 So. 2d 984 (Fla. 3d DCA 1999)
- Kitchen v. State, 20 So. 3d 975 (Fla. 4th DCA 2009)