DAMIEN BROUGHTON
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant seeking jail credit for time served in other jurisdictions must prove he was held in those states solely on the Florida charge, and failure to provide sufficient documentation to meet this burden supports summary denial of an ineffective assistance of counsel claim.
[1] A defendant seeking jail credit for time served in out-of-state custody must prove he was held in those jurisdictions solely on the Florida charge; time spent in custody…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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.”
Court explaining the scope of trial court authority regarding out-of-state jail credit, citing Kronz v. State, 462 So. 2d 450, 451 (Fla. 1985).
Broughton pleaded guilty to attempted felony murder and armed robbery, received concurrent ten-year sentences plus five years probation, and was later…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Jail Time Served cases and more on FLexlaw
Third District Court of Appeal State of Florida
Opinion filed July 23, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1796 Lower Tribunal No. F07-16864 ________________
Damien Broughton, Appellant,
vs.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge.
Damien Broughton, in proper person.
James Uthmeier, Attorney General, and David Llanes, Assistant Attorney General, for appellee.
Before MILLER, LOBREE and GOODEN, JJ.
PER CURIAM.
2
After pleading guilty to attempted felony murder and armed robbery, Appellant Damien Broughton was sentenced to concurrent sentences of ten years in prison to be followed by five years of probation. Broughton served his prison sentence and was released on probation. While on probation, Broughton traveled to several states where he continued to break the law. In Louisiana, Broughton was charged with aggravated second-degree battery. In Tennessee, Broughton was charged with larceny, and later for being a “Fugitive from Justice” after jumping bond. Broughton was subsequently arrested at Miami International Airport attempting to leave the country. He had an outstanding warrant for a probation violation in Florida.1
Broughton filed a 3.850 motion alleging ineffective assistance of counsel. He asserted: I was originally arrested on April 10, 2019 in Sulphur, Louisiana. A detainer was placed on me for Miami-Dade County in this case. I was detained longer and moved because of a natural disaster that destroyed the city of Lake Charles. Then, I was extradited twice to Williamson County, Tennessee and then to Miami-Dade. I never received the credit for that time on my plea.
§ 921.161(1), Fla. Stat. But “the term ‘county jail’ is applicable only to Florida jails” and does not apply to “incarceration in other jurisdictions.” Kronz v. State, 462 So. 2d 450, 451 (Fla. 1985). “The trial judge does, however, have the inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.” Id. at 451. See also Garnett v. State, 957 So. 2d 32, 33 (Fla. 2d DCA 2007) (“Such out-of-state jail credit is not credit that a defendant is entitled to receive as a matter of law, but is instead an issue that is within the inherent discretion of the sentencing court.”).
Yet Broughton did not provide sufficient information and documentation to carry his burden of proving ineffective assistance of counsel. See Kennedy v. State, 547 So. 2d 912, 913 (Fla. 1989). He did not—and could not—show that he was held in another state solely on the
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Jenkins v. State, 957 So. 2d 32 (Fla. 1st DCA 2007)
- Simpson v. Est. OF Roosevelt Norton, 984 So. 2d 577 (Fla. 3d DCA 2008)