CALAFELL
v.
STATE
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The court affirmed the trial court's denial of appellant's motion for sentence credit for time spent in an Argentine jail awaiting extradition to Florida. Under Florida Statute § 921.161(1), trial courts must credit time served in Florida county jails but have discretionary authority to award credit for time served in other jurisdictions.
The trial court did not abuse its discretion in denying appellant credit for time served in the Argentine jail. While trial courts have discretionary authority to award credit for time served in other jurisdictions, the decision to grant or deny such credit is committed to the trial court's sound discretion and is reviewed for abuse thereof.
[1] A trial court has inherent discretionary authority to award custody credit for time spent incarcerated in foreign jurisdictions while a defendant is awaiting transfer to…
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Join FLexlaw to unlock all legal intelligence“The trial judge does, however, have the inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.”
Explaining the scope of judicial discretion regarding credit for time served outside Florida
The appellant was incarcerated in an Argentine jail while awaiting extradition to Florida to face criminal charges. The appellant sought additional se…
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We affirm the trial court’s order, which denied appellant’s motion seeking additional credit for time spent in custody in an Argentine jail awaiting extradition to Florida to face charges in the instant case. See § 921.161(1), Fla. Stat. (2006) (providing: “A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence”); Kronz v. State, 462 So. 2d 450, 451 (Fla. 1985) (holding that section 921.161(1), Florida Statutes, requires a trial judge to give credit for time served in Florida county jails pending disposition of criminal charges, but does not require awarding such credit for time spent in jails in other jurisdictions; further noting that “[t]he trial judge does, however, have the inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida. In this latter circumstance, the trial judge should consider the appropriateness of an award of credit for time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced”) (emphasis added).
The order on appeal expressly provides that the trial court considered the facts and circumstances surrounding appellant’s request, and exercised its discretion in denying same. We find no abuse of that discretion. Howey v. State, 813 So. 2d 1030 (Fla. 3d DCA 2002); Gomez v. State, 984 So. 2d 577 (Fla. 4th DCA 2008).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Simpson v. Est. OF Roosevelt Norton, 984 So. 2d 577 (Fla. 3d DCA 2008)
- Howey v. State, 813 So. 2d 1030 (Fla. 3d DCA 2002)
- Vieira v. DOE, 813 So. 2d 1030 (Fla. 4th DCA 2002)