JAMES COSTON HOLLINGSHEAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant seeks reversal of a sentencing order wherein he was sentenced to serve five years imprisonment, the maximum sentence for the offense of which he was convicted, without credit for approximately four months time previously spent in jail.
Allowance of credit for time served in jail prior to sentencing is now mandatory. Ch. 73-71, Laws of Florida, 1973, amending F.S. § 921.161(1), F.S.A. While said amendment did not become effective until after appellant herein was sentenced, an appellate court will apply the law which obtains at the time the appeal is decided in determining the correctness of the order or judgment before it. Joins v. State, 287 So. 2d 742 (Fla.App.1st, 1974).
Accordingly, the order of sentencing is reversed with directions that the trial court resentence appellant, giving due credit for the time earlier spent in jail, or the trial court may enter an order reducing the sentence without calling the defendant back before the court.
Reversed with directions.
SPECTOR, Acting C. J., and JOHNSON and BOYER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Heilmann v. State, 310 So. 2d 376 (Fla. 2d DCA 1975)…plied Fla.Stat. § 921.161(1), as amended, to cases on direct appeal even though the change became effective after imposition of sentence by the trial court. Hamilton v. State, Fla.App.2d 1975, 306 So. 2d 600; Hollingshead v. State, Fla.App.1st 1974, 292 So. 2d 617; Joins v. State, Fla.App.1st 1974, 287 So. 2d 742; Gallagher v. State, Fla.App.4th 1974, 300 So. 2d 299. A rule 3.850 proceeding, however, is a collateral proceeding, independent of the original prosecution. Courts have long recognized that such co…
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Waters v. Louie L. Wainwright, 316 So. 2d 588 (Fla. 4th DCA 1975)…f the requirements of this statute, we vacate the sentence and remand with respectful instructions to resentence defendant giving him credit for time served in the county jail. Hamilton State, 306 So. 2d 600 (2d DCA Fla.1975); Hollingshead v. State, 292 So. 2d 617 (1st DCA Fla.1974). Affirmed in part, reversed in part, with directions. OWEN and CROSS, JJ., concur.…
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Hamilton v. State, 306 So. 2d 600 (Fla. 2d DCA 1975)…ecame effective after the trial judge sentenced the appellant. Under these circumstances, the applicable Florida law dictates that this court apply the law applicable at the time the appeal was decided. See Hollingshead v. State, Fla.App. 1st, 1974, 292 So. 2d 617, and Joins v. State, Fla.App.1st, 1974, 287 So. 2d 742, cited therein. Accordingly, we remand this case for the sole purpose of permitting the trial court to correct the sentences pursuant to the statute, supra, in which it is required that the app…
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- Joins v. State, 287 So. 2d 742 (Fla. 1st DCA 1974)