JAMES MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A defendant is not entitled as a matter of right to credit for jail time served prior to sentencing; allowance of such credit is within the trial court's discretion.
[1] A sentence of imprisonment does not begin to run before the date it is imposed, but the sentencing court may allow credit for time spent in county jail prior to sentencin…
[2] Allowance of credit for pre-sentence jail time is a matter within the discretion of the trial court.
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Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of aggravated assault and sentenced to the maximum penalty. He had served pretrial jail time and subsequently sought credi…
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Upon conviction of the appellant for the crime of aggravated assault, the maximum sentence therefor was imposed. He had been held in the county jail from the time of arrest to the date of sentence, a period of four months and twenty-three days. The defendant appealed, and this court affirmed. Miller v. State, Fla.App.1971, 242 So.2d 466.
Thereafter the defendant filed a petition to be granted credit for such jail time served prior to sentence. The motion was denied. On April 20, 1972, the defendant again moved under Rule 3.850 CrPR, 33 F.S.A., to “vacate, set aside or correct the sentence as to the time spent in pretrial custody.” The trial court denied the motion. This appeal was taken by the defendant from that order.
Appellant contends he is entitled, as a matter of right, to have the sentence reduced to give credit to him for the jail time served prior to conviction and sentence. Under the law of this state that contention is without merit.
Section 921.161(1) Fla.Stat., F.S.A. provides: “A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence may allow a defendant credit for all or *775part of the time he spent in the county jail before sentence. * * * ” Consistent with the wording of the statute, it has been held that the allowance of credit for such jail time prior to sentence is a matter within the discretion of the trial court. See Richardson v. State, Fla.App.1971, 243 So. 2d 598, where the court said: “This statute makes it clear that the granting of credit for jail time served prior to sentencing is a matter within the discretion of the trial judge.” Likewise in Miles v. State, Fla.App.1968, 214 So.2d 101, it was held that a defendant was not entitled, as a matter of right, to credit for pre-sentence jail time.
The appellant has failed to demonstrate an abuse of discretion by the trial court in this regard, and upon review of the record we observe no basis upon which to conclude that the ruling of the trial court in this respect was an abuse of discretion.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Green, 547 So. 2d 925 (Fla. 1989)…tice, dissenting. The majority is mixing apples with oranges. At one time it was within the judge's discretion whether to award a defendant credit for the time served in jail prior to being sentenced. § 921.161, Fla.Stat. (1963). Miller v. State, 270 So. 2d 774 (Fla. 3d DCA 1972), cert. denied, 276 So. 2d 170 (Fla.1973); Presha v. State, 216 So. 2d 790 (Fla. 2d DCA 1968). The statute was later amended to provide that “the court imposing a sentence shall allow a defendant credit for all of the time he spent…
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Miller v. State, 276 So. 2d 170 (Fla. 1973)…Certiorari denied. 270 So. 2d 774. CARLTON, C. J., and ROBERTS, Mc-CAIN and DEKLE, JJ., concur. ERVIN, J., dissents.…
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Cruder v. State, 296 So. 2d 52 (Fla. 1st DCA 1974)…as herein found. Further, allowance of credit for jail time prior to sentence is a matter within the discretion of the trial court. "(See James Miller vs. State of Florida 72-646, filed November 14, 1972, in District Court of Appeal, Third District [270 So. 2d 774].) “It further appears from the Defendant’s record, that he has been committed, or recommitted or returned some 17 times to the Division of Youth Services, and while this Court will not often indulge in justifying the sentence of the law, but for t…1 / 2
Authorities Cited
- Miles v. State, 214 So. 2d 101 (Fla. 2d DCA 1968)
- Richardson v. State, 243 So. 2d 598 (Fla. 2d DCA 1971)
- Walker v. Beckett, 242 So. 2d 466 (Fla. 3d DCA 1971)