WILLIE FRANK JAMES WATSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to credit for jail time served if it has not already been credited to a prior offense, even if they are a parole violator.
Appellant was incarcerated for 171 days before sentencing for breaking and entering and grand larceny. The trial court denied credit for this time bec…
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PER CURIAM.
Appellant appeals from judgments and prison sentences entered and imposed for breaking and entering a motor vehicle and for grand larceny. The one point meriting discussion relates to his entitlement to credit for jail time.
The record reflects that appellant was incarcerated in the Polk County Jail for 171 days as of the date of his judgments and sentence. Expressly, no credit for this time was allowed by the learned trial judge, who stated at appellant’s sentencing that, as a parole, violator, appellant was not entitled to credit for time served. The record does not reflect, however, whether this time was otherwise credited to the offense for which he was previously placed on parole. While he is not entitled to a multiple credit, appellant is entitled to credit if he has not already received it otherwise.1
Accordingly, the judgments and sentences appealed from should be and they are hereby affirmed. But the cause is remanded with directions to determine if credit was applied to the sentence under which appellant was paroled. If not, then credit shall be applied to the instant sentences. If the latter be the case, the trial court may merely enter an order amending the sentence 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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DeWayne Lee Bruner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981)…ld on the charge which prompted the revocation of his probation. However, it is well settled that a defendant, being held on numerous charges, is not entitled to a multiple credit. Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974); Watson v. State, 340 So. 2d 961 (Fla. 2d DCA 1976), cert. denied 348 So. 2d 955 (Fla.1977); Radley v. State, 372 So. 2d 1179 (Fla. 2d DCA 1979). We are unable to determine from the record whether Bruner received the jail time credit against the St. John’s County sentence. Accordin…
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Brooks v. State, 421 So. 2d 829 (Fla. 1st DCA 1982)…authorities. Because Brooks apparently received his federal jail time credit, the trial judge below was not required to give him duplicate credit toward his Florida sentence. See Bruner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981); Watson v. State, 340 So. 2d 961 (Fla. 2d DCA 1976), cert. denied, 348 So. 2d 955 (Fla.1977). See also, Wingfield v. Page, 422 P. 2d 229 (Okl.Cr.App.1966); Southard v. State, 363 So. 2d 178 (Fla. 4th DCA 1978). Brooks additionally alleges that he lost eligibility for federal “gain…
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Weaver v. State, 796 So. 2d 1240 (Fla. 1st DCA 2001)…to jail time credit for the period of time he was held on the charge which prompted the revocation of probation. However, it is well settled that a defendant, being held on numerous charges, is not entitled to a multiple credit.”); Watson v. State, 340 So. 2d 961, 962 (Fla. 2d DCA 1976) (“Expressly, no credit for this time was allowed by the learned trial judge, who stated at appellant’s sentencing that, as a parole violator, appellant was not entitled to credit for time served. The record does not reflect,…
Authorities Cited
- Winston v. State, 297 So. 2d 36 (Fla. 2d DCA 1974)
- Miller v. State, 297 So. 2d 36 (Fla. 1st DCA 1974)
- Dixon v. State, 339 So. 2d 688 (Fla. 2d DCA 1976)