DAVID BLANE DEAVER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in failing to credit the appellant for all jail time served prior to sentencing, but this error was harmless in the context of the appeal of the probation revocation order.
Appellant sought credit for jail time served before his most recent arrest. The trial court credited him for time served after the arrest but not for …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Jail Time Served cases and more on FLexlaw
HOBSON, Acting Chief Judge.
We have considered the briefs and the record on appeal and have determined that appellant has failed to demonstrate reversible error. An appeal of an order revoking probation may review only proceedings after the order of probation. Sec. 924.06(2) F.S.; Hardrick v. State, Fla.App.1974, 293 So. 2d 135. At any rate, the error complained of was harmless. Williams v. State, Fla.1975, 316 So. 2d 267; Hall v. State, Fla.1975, 316 So. 2d 279.
The trial court erred in failing to give appellant credit for all the time he spent in the county jail before sentence in compliance with § 921.161(1) F.S. The court properly credited appellant in Circuit Court Case No. 73-348 with 89 days spent in jail after his most recent arrest, even though during that time he was held to answer for other charges; Voulo v. Wainwright, Fla.1974, 290 So. 2d 58; Miller v. State, Fla.App.1st, 1974, 297 So. 2d 36; Lawrence v. State, Fla.App.4th, 1975, 306 So. 2d 561, but failed to give him credit for 128 days he had spent 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 appellant credit for the additional 128 days he spent in jail. Appellant need hot be returned to the court for this purpose.
The judgments are affirmed and the cause is remanded with directions.
BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Stuart v. State, 353 So. 2d 165 (Fla. 3d DCA 1977)…ation which is bottomed on events occurring prior to the order of probation. Burgess v. State, 194 So. 2d 698 (Fla.2d DCA 1967); Hardrick v. State, 293 So. 2d 135 (Fla.2d DCA 1974); Brown v. State, 305 So. 2d 309 (Fla.4th DCA 1974); Deaver v. State, 326 So. 2d 222 (Fla.2d DCA 1976). If defendant is appealing the denial of his motion to vacate his pleas, as the substance of his argument indicates, we are at a loss to determine why he did not so designate this appeal. But since the order denying his motion was…
-
Lingo v. State, 344 So. 2d 629 (Fla. 2d DCA 1977)…. 2d 617 (Fla.1st DCA 1974) held that “[ajllowance of credit for time served in jail prior to sentencing is now mandatory.” See Smith v. State, 310 So. 2d 770 (Fla.2d DCA 1975); Grine v. State, 301 So. 2d 122 (Fla.2d DCA 1974). Cf., Deaver v. State, 326 So. 2d 222 (Fla.2d DCA 1976); Williams v. State, 310 So. 2d 53 (Fla.2d DCA 1975). When read together, Section 921.161 and Section 775.087, Florida Statutes support the conclusion herein. We have considered the other assignments of error but find they fail to…
-
Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979)…unty jail time he was also being held to answer for other charges, he was entitled to additional credit from January 13, 1978, to January 18, 1978, and from January 29, 1978, to March 2, 1978, against the Hillsborough County charge. Deaver v. State, 326 So. 2d 222 (Fla. 2d DCA 1976). But, he was not entitled to credit from January 18,1978, to January 29, 1978, because he received this credit against the Broward County sentence. Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974). Accordingly, we affirm the ju…
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 (11 total)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Foy B. Hall v. State, 316 So. 2d 279 (Fla. 1975)
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Voulo v. Louie L. Wainwright, 290 So. 2d 58 (Fla. 1974)
- Hardrick v. State, 293 So. 2d 135 (Fla. 2d DCA 1974)
- Grine v. State, 301 So. 2d 122 (Fla. 2d DCA 1974)
- Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Holley v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)