JOHN WILLIAM MARSHALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction but remanded the case for resentencing to give the appellant credit for all time spent incarcerated since his initial arrest.
Appellant was convicted of robbery, sentenced, and given credit for jail time. After a retrial, he was convicted again and sentenced to the same term,…
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HOBSON, Acting Chief Judge.
Having carefully considered the record on appeal and the briefs and argument of counsel, we find that appellant has failed to demonstrate reversible error. The judgment appealed is, therefore, affirmed.
The cause must be remanded, however, because appellant was not fully credited for all the time he had spent in county jail awaiting trial, or the time served in state prison pursuant to his original conviction for the same offense.
Appellant was incarcerated on January 22, 1972, for the crime of robbery. He was tried, convicted and sentenced to forty years in prison, with credit for the time he had spent in county jail. Upon appeal, this court reversed the conviction and remanded the cause for a new trial. On April 4, 1973, appellant was returned to county jail for the retrial. At his second trial the jury was unable to reach a verdict and a mistrial was declared. Appellant was tried a third time, and upon conviction was sentenced to forty years, the trial judge directing that he be given credit for all time previously served. The sentence order specified that appellant would be given credit time since April 4, 1973, the date he was returned for retrial.
The cause is remanded to the trial court for the purpose of entering a corrective sentence order giving appellant credit for all the time he had been incarcerated since January 22, 1972, specifying the period of time allowed. Chambers v. State, Fla.App.2d 1974, 293 So. 2d 752; North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656; Grine v. State, Fla.App.2d 1974, 301 So. 2d 122; § 921.161(1) F.S. This action may be taken by the trial court without the appellant appearing before the court.
The judgment is affirmed and the cause is remanded with directions.
BOARDMAN and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Wright v. State, 355 So. 2d 870 (Fla. 2d DCA 1978)…etween his return to jail after his escape and the revocation of his probation. Appellant is entitled to credit for all of the time he spent in jail prior to sentencing on this offense; Section 921.161(1), Florida Statutes (1975); Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975); including the time he spent in jail as a condition of his probation; State v. Jones, 327 So. 2d 18 (Fla.1976). Accordingly, the order denying appellant’s motion is vacated and the cause remanded with directions to hold an eviden…
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Franklin v. State, 515 So. 2d 400 (Fla. 1st DCA 1987)…provided for in the second round of sentences. Appellant is entitled to have the full amount of jail credit through the date of the last sentencings specified in his sentences. See Section 921.161(1), Florida Statutes (1985), and Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975). Further, since all of the sentences are concurrent, the full amount of credit must be specified with respect to each sentence. Daniels v. State, 491 So. 2d 543 (Fla.1986). Accordingly, this case is remanded with directions that…
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Lyttle v. State, 352 So. 2d 942 (Fla. 2d DCA 1977)…ct that the sentence is for life does not diminish the requirement to allow credit for time served. Jenkins v. State, 346 So. 2d 1055 (Fla.2d DCA 1977). Appellant is entitled to receive credit time since his initial incarceration. Marshall v. State, 310 So. 2d 55 (Fla.2d DCA 1977). We have examined the other issues raised by appellant in this appeal and consider them to be without merit. We affirm appellant’s conviction but remand this case to the trial court with directions to correct appellant’s sentence…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Grine v. State, 301 So. 2d 122 (Fla. 2d DCA 1974)
- Chambers v. State, 293 So. 2d 752 (Fla. 2d DCA 1974)