DE LA CRUZ
v.
STATE

Fla. 5th DCA | 2018-09-28
No. Case No. 5D18-1897
Steagall, Torbert, Jones, Shores, Adams
258 So. 3d 515 Florida District Court of Appeal, Fifth District (2018)

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Holding

A defendant arrested on different dates for different offenses is not entitled to have jail credit applied equally to all concurrent prison sentences.


Headnotes

[1] Jail credit need not be applied equally to all concurrent sentences when the defendant was arrested on different dates for different offenses.

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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, 113 So. 3d 162, 163 (Fla. 2d DCA 2013), quoting Washington v. State, 873 So. 2d 609, 610 (Fla. 2d DCA 2004).

Facts & Procedural History

De La Cruz was arrested on different dates for multiple offenses and received concurrent sentences. The defendant sought to apply jail credit equally …

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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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