CAREY LAW, PETITIONER,
v.
LOUIE L WAINWRIGHT, AS DIRECTOR, DIVISION OF ADULT CORRECTION, STATE OF FLORIDA, RESPONDENT

Fla. | 1972-06-07
No. 41718
ROBERTS, C. J., and ERVIN, CARLTON and ADKINS, JJ., concur.
264 So. 2d 3 Florida Supreme Court (1972) Negative Treatment
Cited by 12 cases

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.


Holding

A prisoner is entitled to credit for time spent in jail while awaiting court action on an escape charge, as this period constitutes a continuation of the original sentence, not an interruption.


Headnotes

[1] A trial court's sentencing order is binding and cannot be altered by speculation as to the judge's intent if the language of the order is clear.

[2] Time spent in jail awaiting trial on escape charges, following an escape from prison, counts toward the original sentence when adjudication is withheld on the escape char…

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Facts & Procedural History

Petitioner sought credit for time spent in jail both before his sentence and after escaping prison while awaiting proceedings on the escape charge. Th…

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Opinion of the Court
DEKLE, Justice.

DEKLE, Justice.

This cause is an original proceeding in mandamus which seeks to have respondent, Director of the Division of Adult Correction, recalculate petitioner’s prison release date. Fla. Const, art. V, § 4(2), F.S.A. We issued an alternative writ and respondent filed a return.

The petition for mandamus presents two separate issues: (1) whether petitioner should receive credit for time spent in confinement prior to his sentence on charges of breaking and entering, and (2) whether time served in jail following his escape from prison counts toward his total sentence time.

We must resolve the first issue against the petitioner. His allegation that the trial judge granted him credit for time spent in the county jail prior to his sentence is without merit. Since the judge’s sentence order does not mention a credit, we cannot allow one. Even if the trial judge intended to permit a credit, we are bound by the unequivocal wording of the sentence order.1 In another similar situation,2 this Court said:

“Where the language of a sentence is clear we have no power to change it by speculating that the trial judge meant something else.”

Our determination of the second issue requires the respondent to recompute petitioner’s release date. A few days after petitioner’s escape from a Division of Correction’s road prison in Broward County, the Sarasota Police Department captured him. Subsequently, petitioner was remanded to the Broward County Sheriff’s Office and charged with escape. During the escape prosecution and other relevant intervening hearings, petitioner served in the Broward County Jail. At the conclusion of those proceedings, the Court of Record in Broward County withheld adjudication on the escape charge and returned him to the penitentiary. Since petitioner had escaped, respondent recalculated his release date. This computation did not award a credit for the 576 days petitioner spent in jail in Sarasota and Broward Counties. In so ruling, respondent said petitioner’s imprisonment time outside the Division of Corrections’ custody does not count toward his sentence.

Shortly after the petitioner’s capture, he became subject to the jurisdiction of the 17th Judicial Circuit. Therefore, a question concerning his jail time between his capture and return to prison is a Judicial matter, not an Executive one. He was being held in such a situation awaiting court action.

Our determination demands a close analysis of the record involved. If the trial judge, in the escape proceeding, had entered an adjudication of guilt and sentenced petitioner, an examination of the sentence order would be dispositive, as determined above on the first issue. Even *5if the order did not mention a credit, such silence is tantamount to a denial of same.3 However, in this cause, the trial judge withheld adjudication and necessarily did not impose a sentence so that there is no controlling order. Since there is nothing in the record to indicate that the trial judge reached the question of whether time spent in jail awaiting the escape trial counts toward the original sentence, this issue remains unsettled.

We hold that as a matter of law the petitioner in these circumstances is entitled to credit for this time served while awaiting the court’s action. In doing so we reaffirm the principle that a “ . convict has a right to pay his debt to society by one continuous period of imprisonment.” 4 Now, if a prisoner consents or acquiesces to release from custody prior to the expiration of his sentence, the sentence will he interrupted. State v. Horne, 52 Fla. 125, 42 So. 388 (1906); and Terrell v. Wiggins, 55 Fla. 596, 46 So. 727 (1908). It therefore follows that Petitioner’s escape constitutes an interruption of sentence. The next question is: When does the interruption end'? Is it upon his return to the control of state prison authorities or when the escapee is captured and confined? We hold that the interruption stops when incarceration resumes. This is consistent with above principle enunciated in State ex rel. Libtz v. Coleman, 149 Fla. 28, 5 So.2d 60 (1941).

Horne and Wiggins permitted an interruption of sentence, but during the entire interval the prisoners were at liberty, not imprisoned. In our situation, petitioner has been confined in jail for 576 days. Such time in confinement is not a continuation of the interruption; it is a continuation of sentence.

The conclusion in State ex rel. Sitamore v. Kelly, 94 So.2d 726 (Fla.1957), reaches the same result. There a convict, while serving a one-year sentence, was transferred and spent time in another county jail awaiting his trial on a different charge. Mr. Justice Roberts (now Chief Justice) discussed the question of credit for time served and concluded that the prisoner’s time in another county jail counted toward his original sentence.

Accordingly, the petition for writ of mandamus is denied in part; and granted in part. The Clerk of this Court is directed to issue the peremptory writ of mandamus requiring the respondent to reduce petitioner’s tentative release date by 576 days.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON and ADKINS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Brumit v. Louie L. Wainwright, 290 So. 2d 39 (Fla. 1973)
    …41] (2) even if the judge intended to give credit for all time served, CrPR 3.-800 [33 F.S.A.] prevents the trial judge from modifying the portion of the previous order stating what credit is to be given; and (3) our decisions in Law v. Wainwright, 264 So. 2d 3 (Fla. 1972), and Adams v. Wainwright, 275 So. 2d 235 (Fla. 1973), are not controlling here, because those cases dealt with escaped prisoners, whereas the petitioner was out on parole when convicted of the firearms possession charge. It should be no…
    1 / 2
  • Adams v. Louie L. Wainwright, 275 So. 2d 235 (Fla. 1973)
    …ty Correctional Center on a “work-furlough” program there. He “left and went home” on September 17, 1971, and was thereafter “picked up” by Duval County officers on November 9, 1971, and charged with escape. Our recent opinion in Law v. Wainwright, 264 So. 2d 3 (Fla.1972), permitted a credit for pre-sentence time served in a strikingly similar situation. There is a factual difference between the cases. Herein, a trial judge in the Duval County Criminal Court of Record found petitioner guilty of escape and…
  • Voulo v. Louie L. Wainwright, 290 So. 2d 58 (Fla. 1974)
    …ether the petitioner is entitled to credit for the time spent in county jail from the date of his arrest on Feb. 6, 1973, to June 7, 1973, the date upon which the parole revocation is stated to be effective. As was stated in both Law v. Wainwright, 264 So. 2d 3 (Fla.1972), and Adams v. Wainwright, 275 So. 2d 235 (Fla.1973), a person cannot be on parole and at the same time be in jail. Admittedly,^ person on parole is not completely at liberty, albeit he does have substantially more freedom than when he is…

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