ALFONSO A. DE LA CRUZ
v.
STATE

Fla. 5th DCA | 2018-09-24
No. 5D18-1897
Florida District Court of Appeal, Fifth District (2018)

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Holding

A defendant arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences run concurrently.


Headnotes

[1] A defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentence…

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Key Quotes

“A defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences are run concurrently.”

Court cited Nieves v. State in support of the affirmed judgment.

Facts & Procedural History

Alfonso De La Cruz appealed from a circuit court decision in Brevard County regarding jail credit application to his sentences.…

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Opinion of the Court

PER CURIAM.

AFFIRMED. See Fla. R. Crim. P. 3.800(a)(2); Jones v. State, 198 So. 3d 920, 921 (Fla. 5th DCA 2016); Mills v. State, 23 So. 3d 186, 187 (Fla. 1st DCA 2009); see also

Nieves v. State, 113 So. 3d 162, 163 (Fla. 2d DCA 2013) (“[A] defendant who is arrested for different offenses on different dates is not entitled to have jail credit applied equally to all prison sentences even though the sentences are run concurrently.” (quoting

Washington v. State, 873 So. 2d 609, 610 (Fla. 2d DCA 2004))).

COHEN, C.J., ORFINGER, and EDWARDS, JJ., concur.


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