EARL VICTOR SUTTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ALDERMAN, Judge.
Appellant timely appeals his conviction and life sentence for first degree murder. We have examined the record, and find that there was substantial, competent evidence to support the verdict. We have also considered appellant’s objection to a comment made by the prosecutor during closing argument, and find no error. Appellant also complains that he was sentenced without being given credit for time served as prescribed in Fla.Stat. § 921.161(1) (1975). The state argues that inasmuch as appellant has been sentenced to life imprisonment it is irrelevant whether he receives credit for time served. We disagree. Appellant was sentenced in accordance with Fla.Stat. § 775.082(1) (1975). He therefore is required to serve no less than 25 years before becoming eligible for parole. Credit for time served prior to sentencing may be applied against this minimum 25 years that appellant must serve.
We vacate the sentence and remand with instructions to resentence defendant giving him credit for time served in the county jail.
Affirmed in part, reversed in part, and remanded with directions.
WALDEN, J., concurs.
CROSS, J., dissents, with opinion.
CROSS, Judge
(dissenting):
I respectfully dissent.
I construe Section 921.161(1), Florida Statutes, requiring that a court imposing sentence allow a defendant credit for all time spent in county jail before sentence as not applicable when the court has imposed a life sentence. Accordingly, I would affirm the sentence.
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Bell v. State, 573 So. 2d 10 (Fla. 5th DCA 1990)…e number 89-2951 since the sentences in that case were to be served concurrently. Credit is applicable to a life sentence for purposes of calculating eligibility for parole. See Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978); Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976); see also Coleman v. State, 326 So. 2d 217 (Fla. 2d DCA 1976). Bell may also become eligible for conditional release under sections 921.-001(11)(e) and 947.1405, Florida Statutes (1989), and credit may affect the calculation of a…
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J.I.S. v. State, 930 So. 2d 587 (Fla. 2006)…346 So. 2d 1055, 1055 (Fla. 2d DCA 1977) (holding [*592] that under section 921.161(1), the “trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence”); Sutton v. State, 334 So. 2d 628, 629 (Fla. 4th DCA 1976) (ordering credit for time served against twenty-five-year minimum term on life sentence). PRECOMMITMENT CREDIT IN THE JUVENILE DELINQUENCY SYSTEM No provision corresponding to section 921.161 exists in chapter 985, Florida…
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Jenkins v. State, 346 So. 2d 1055 (Fla. 2d DCA 1977)…ing the sentence so as to specify the period of jail time credit. Appellant need not be returned to the court for this purpose. Affirmed, but remanded with directions. McNULTY, Acting C. J., and GRIMES and OTT, JJ., concur. . Cf. Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976).…
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