BILLIE F. BARGER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant convicted of escape cannot receive credit on his escape sentence for county jail time spent pending trial for that escape, because such time already counted toward his original state prison sentence under the exception to § 921.161 established in Adams v. Wainwright.
Time spent in county jail pending trial for escape counts toward the defendant's original state prison sentence, not toward the escape sentence, to prevent pyramiding of the same jail time as credit against both sentences.
[1] Time spent in county jail pending trial for escape counts toward the defendant's original uncompleted state prison sentence, not toward the escape sentence, to prevent py…
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Join FLexlaw to unlock all legal intelligence“the existing uncompleted prison term traveled with the escaped prisoner so that the moment he was detained that sentence by operation of law resumed”
Explaining why jail time pending escape trial counts toward the original sentence, not the escape sentence
Appellant was convicted of escape and sought credit on his escape sentence for time spent in county jail from re-arrest until sentencing.…
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GRIMES, Judge.
Appellant was convicted of the crime of escape. His only point meriting discussion is that the court should have given him credit on the sentence for the time he spent in county jail from the day of his re-arrest until sentencing. Appellant’s position is foreclosed by the reasoning of Adams v. Wainwright, Fla.1973, 275 So. 2d 235 in which the court held that the time spent in county jail by defendant prior to the completion of his trial for escape from state prison counts toward his .original state prison sentence. The court observed that such a situation constitutes an exception to § 921.161, pointing out that the existing uncompleted prison term traveled with the escaped prisoner so that the moment he was detained that sentence by operation of law resumed.
While Adams, supra, dealt with the statute before credit for jail time was made mandatory, we think its principles are applicable here. The time appellant spent in county jail pending his trial for escape counted toward his original state prison sentence. There is no reason for him to be credited with jail time against the sentence he received for escape, because at the time of sentencing he had not served any time on the escape charge. To hold otherwise would allow appellant to pyramid the same jail time as credit against both sentences. See Miller v. State, Fla.App.1st 1974, 297 So. 2d 36.
Affirmed.
HOBSON, Acting C. J., and BOARD-MAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hagans v. State, 395 So. 2d 308 (Fla. 1st DCA 1981)…ida Statutes (1979) is not applicable to time spent in county jail by a defendant pending the completion of his trial for escape. Adams v. Wainwright, 275 So. 2d 235 (Fla.1973); Danforth v. State, 316 So. 2d 304 (Fla. 1st DCA 1975); Barger v. State, 310 So. 2d 764 (Fla. 2d DCA 1975). Affirmed. McCORD, ROBERT P. SMITH and ERVIN, JJ., concur.…
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State v. Francis, 505 So. 2d 30 (Fla. 4th DCA 1987)…Statutes (1979), provides that a defendant is entitled to credit for all the time he spent in the county jail before sentence, such credit should not apply against the escape sentence. Adams v. Wainwright, 275 So. 2d 235 (Fla.1973); Barger v. State, 310 So. 2d 764 (Fla. 2d DCA 1975); Hagans v. State, 395 So. 2d 308 (Fla. 1st DCA 1981); and Danforth v. State, 316 So. 2d 304 (Fla. 1st DCA 1975). In Dominquez v. State, 403 So. 2d 609 (Fla. 4th DCA 1981), this court indicated that a defendant convicted of escap…
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Bishop v. State, 310 So. 2d 750 (Fla. 2d DCA 1975)…PER CURIAM. Affirmed on authority of Barger v. State, Fla.App.2d, 310 So. 2d 764 (opinion filed April 11, 1975). McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.…
Authorities Cited
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Adams v. Louie L. Wainwright, 275 So. 2d 235 (Fla. 1973)