VERNON K. NASH, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant is entitled to credit for jail time served prior to sentencing due to a statutory amendment.
Appellant was sentenced after a statutory amendment requiring credit for pre-sentencing jail time. His probation was revoked, and he was sentenced to …
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GRIMES, Judge.
On July 31, 1971, appellant pled guilty to a charge of entering without breaking with intent to commit a misdemeanor, to wit: petit larceny. As a result he was placed on probation for four years. His' probation was later extended by an additional three years because of a conviction for driving while intoxicated. On September 21, 1973, appellant’s probation was revoked because he pled guilty to a charge of breaking and entering. He was sentenced to five years imprisonment.
It appears that prior to being placed on probation appellant had been in jail for a period of time. At that time it was discretionary with the court whether to give credit for previous jail time. Fla.Stat. § 921.161(1) was later amended to require the court to allow the defendant credit for the time he spent in jail before sentencing. Since the sentencing took place after the statute was amended, appellant was entitled to his jail time credit. See Sharp v. State, Fla.App.4th, 1974, 303 So. 2d 56.
The order revoking probation is affirmed, but this cause is hereby remanded to the trial court with directions to amend the sentence to give appellant credit for the time he spent in jail before he was placed on probation. Appellant need not be returned to the court for this purpose.
HOBSON, A. C. J., and BOARDMAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Deaver v. State, 326 So. 2d 222 (Fla. 2d DCA 1976)…t in jail on the charge prior to the recent arrest. Appellant was entitled to credit for all jail time served before sentence. Sec. 921.161(1) F.S.; Grine v. State, Fla.App.2nd 1974, 301 So. 2d 122; Lawrence, supra; Nash v. State, Fla.App.2nd, 1975, 313 So. 2d 118. See also State v. Jones, Fla.1976, 327 So. 2d 18. The judgments appealed are affirmed, but the cause is remanded to the trial court with directions that the court enter a corrective sentence in Circuit Court Case No. 73-348 specifically giving app…
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Dorfman v. State, 333 So. 2d 481 (Fla. 3d DCA 1976)…give the defendant credit for time spent in jail prior to being sent to the hospital. The Fourth and Second District Courts of Appeal have considered similar situations in Sharp v. State, Fla.App.1974, 303 So. 2d 56, and Nash v. State, Fla.App.1975, 313 So. 2d 118, respectively. In each case, the court held that the defendant was entitled to credit for the time spent in jail prior to the revocation of his probation. The State concedes the holding of these cases but urges that the basis for them has been overr…
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Dixon v. State, 339 So. 2d 688 (Fla. 2d DCA 1976)…d 36 (Fla. 1st DCA 1974). While appellant was incarcerated prior to the amendment of Section 921.161(1), Florida Statutes, making credit mandatory, he was entitled to credit since he was sentenced after the amendment became effective. Nash v. State, 313 So. 2d 118 (Fla. 2d DCA 1975).…
Authorities Cited
- Parker v. State, 303 So. 2d 56 (Fla. 4th DCA 1974)
- Obie Lee Sharp v. State, 303 So. 2d 56 (Fla. 4th DCA 1974)