DENIER A. VALENTIN
v.
STATE OF FLORIDA
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Denier A. Valentin appealed a trial court order correcting duplicative jail credit in his judgment and sentence. The appellate court affirmed the trial court's authority to correct the error but remanded because the amended judgment still incorrectly reflected the duplicative credit.
The trial court had authority to correct the duplicative jail credit, and the appellate court affirmed this decision. However, the court remanded because the written judgment and sentence had not been properly corrected to reflect the trial court's order eliminating the duplicative credit.
[1] A trial court has authority to sua sponte correct duplicative jail credit in a judgment and sentence, but must ensure the written judgment is actually corrected to reflec…
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Join FLexlaw to unlock all legal intelligence“the trial court ordered that no duplicative jail credit should be awarded and directed the trial court clerk to correct the error, and yet the amended judgment and sentence still reflects the duplicative jail credit”
Establishes the core problem on remand: the trial court's order was not effectively implemented in the written judgment
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Join FLexlaw to unlock all legal intelligenceValentin received a judgment and sentence that included duplicative jail credit awarded in error. The trial court sua sponte issued an order directing…
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April 12,2024 PER CURIAM.
Appellant, Denier A. Valentin, appeals the lower court’s sua sponte order directing the trial court clerk to correct his judgment and sentence to eliminate any duplicative jail credit that was awarded in error, arguing that the trial court exceeded its authority in correcting the jail credit amount.
We affirm on all issues raised by Appellant without further discussion. However, as raised by the State, the trial court ordered that no duplicative jail credit should be awarded and directed the trial court clerk to correct the error, and yet the amended judgment and sentence still reflects the duplicative jail credit. Therefore, we remand for the trial court to either correct the written judgment and sentence itself, or to otherwise calculate and clarify the appropriate amount of credit that should be reflected in the written judgment and sentence.
AFFIRMED and REMANDED with instructions. JAY, HARRIS, and BOATWRIGHT, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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