WILLIE G. DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court must determine if the appellant is entitled to credit for jail time served.
[1] A defendant is entitled to credit for jail time served prior to sentencing if the incarceration relates to the charges for which the defendant is ultimately sentenced.
[2] A defendant is not entitled to duplicate credit for jail time already credited against a sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of several felonies and his probation was revoked. He appealed, arguing he did not receive full credit for jail time served pr…
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PER CURIAM.
Dixon appeals from judgments and sentences for breaking and entering with intent to commit a felony, to wit: grand larceny, buying, receiving and concealing stolen property, and possession of heroin which were entered following revocation of probation. The sentences were fifteen years for the breaking and entering, five years for possession of heroin (to be served consecutively), and three years for receiving stolen goods (to be served concurrently).
Only one point merits discussion, that relating to whether appellant received full credit for jail time. The record on appeal includes a letter from the warden of the Hillsborough County Jail indicating that appellant was incarcerated from April 25, 1978 to August 6, 1973, early on in his current troubles with the law, for possession of stolen property, possession of heroin and carrying a concealed weapon. If appellant had been actually incarcerated for these charges, and the possession and breaking and entering charges are the same ones appealed here, he is entitled to credit if he has not already received it.1 He is not entitled to duplicate credit, however; and the record on appeal does not reflect whether or not he has already received credit for the jail time served from April 25 to August 6.
The orders revoking probation are therefore affirmed but this cause is remanded with directions to the trial court to determine whether appellant is entitled to credit for his incarceration from April 25 to August 6,1973. If he is entitled to credit, it is unnecessary that appellant be resentenced. The trial court may enter an order correcting appellant’s jail time credit and appellant need not be returned to the court for this purpose.
McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur. . See Miller v. State, 297 So. 2d 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Watson v. State, 340 So. 2d 961 (Fla. 2d DCA 1976)…e so as to reflect jail time credit and appellant need not be returned to the court for this purpose. Affirmed, but remanded with directions. McNULTY, C. J., and HOBSON and SCHEB, JJ., concur. . See Sec. 921.161, Fla.Stat. (1975); Dixon v. State, 339 So. 2d 688 (Fla.2d DCA 1976); Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974).…
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Fenn v. State, 418 So. 2d 286 (Fla. 5th DCA 1982)…ailed to give Defendant sufficient credit for Jail time spent before sentencing from December 13, 1979, to March 13, 1980, in that he was held during that entire time on the charge of Burglary. Credit for Jail time is Mandatory. See, Dixon v. State, 339 So. 2d 688 (Fla.1976) accordingly, the court must enter an order correcting Defendant’s Jail time credit. The order of the trial court denying the motion in toto reads: THIS CAUSE having come on to be heard on the 9th day of February, 1982, on defendant’s mo…1 / 2
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Williams v. State, 468 So. 2d 1058 (Fla. 1st DCA 1985)…ndant [*1059] was for time spent in jail on charges for which she was acquitted or that were subsequently dropped and, further, that such charges were unrelated to the charges for which she was eventually convicted and sentenced. See Dixon v. State, 339 So. 2d 688 (Fla. 2d DCA 1976). AFFIRMED. JOANOS, THOMPSON and ZEHMER, 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)
- Nash v. State, 313 So. 2d 118 (Fla. 2d DCA 1975)