HAYNES
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 is entitled to credit for all time served in county jail before sentencing, including the day of sentencing if not placed in Department of Corrections custody until the end of that day.
[1] A defendant is entitled to credit for all time served in county jail before sentencing, including the day of sentencing if the defendant was not placed in the custody of…
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“Section 921.161(1) clearly and unequivocally provides that a defendant must be given credit for all of the time served in the county jail before sentencing.”
Court's explanation of the statutory requirement for jail credit, citing DeLeon-Perez v. State.
Michael Haynes was arrested on May 24, 2024, and sentenced on November 4, 2025. He sought fifty additional days of jail credit, claiming entitlement f…
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.
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
MICHAEL HAYNES, Appellant, v. STATE OF FLORIDA, Appellee. No. 2D2026-0604
August 28, 2026
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Manatee County; Frederick P. Mercurio, Judge.
PER CURIAM.
Michael Haynes appeals from the order summarily denying his motion for correction of jail credit filed under Florida Rule of Criminal Procedure 3.801. We affirm in part and reverse in part.
In his timely filed motion for correction of jail credit, Mr. Haynes sought an additional fifty days of credit for jail time served prior to sentencing alleging that he was entitled to credit from the date of his arrest, May 24, 2024, until December 23, 2025. The postconviction court found that Mr. Haynes' claim was conclusively refuted by the court record and ruled that Mr. Haynes properly received 529 days of credit
"for time he spent in jail from his initial date of arrest on May 24, 2024, until his date of sentencing on November 4, 2025."1
The record attachments confirm the postconviction court's findings that Mr. Haynes was arrested on May 24, 2024, and sentenced on November 4, 2025, and that he is not entitled to fifty additional days of credit for jail time served before he was sentenced. However, the postconviction record does not conclusively refute Mr. Haynes' claim as to one additional day of credit. See Fla. R. App. P. 9.141(b)(2)(D) ("On appeal from the denial of relief, unless the record shows conclusively that the appellant is entitled to no relief, the order must be reversed and the cause remanded for an evidentiary hearing or other appropriate relief.").
In DeLeon-Perez v. State, 373 So. 3d 966, 968 (Fla. 2d DCA 2023), this court explained circumstances in which credit for the day of sentencing should be awarded under section 921.161(1), Florida Statutes (2022):
Section 921.161(1) clearly and unequivocally provides that a defendant must be given credit for all of the time served in the county jail before sentencing. The statute also provides the procedure for crediting a defendant for time spent in the county jail "between sentencing and being placed in custody of the department." Because Mr. DeLeon-Perez was not placed in the custody of the Department of Corrections until the end of the day on March 4, 2022, the
credit for time served should have been allocated to the time he spent in the county jail and not his prison sentence . . . . DeLeon-Perez, 373 So. 3d at 968.2 Accordingly, we reverse the postconviction court's order and remand for reconsideration.
Affirmed in part, reversed in part, and remanded.
LUCAS, C.J., and MORRIS and LABRIT, JJ., Concur.
Opinion subject to revision prior to official publication.