NEIL ROBERT JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant appeals from a judgment and sentence for robbery entered following revocation of probation. The sentence was life imprisonment “with credit time.”
Only one point merits discussion, that relating to the failure of the trial court to state the specific period of time for which appellant was entitled to credit. Section 921.161 Florida Statutes (1975), reads in pertinent part:
“The credit must be for a specified period of time and shall be provided for in the sentence.”
Thus, the trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence.1
Accordingly, the judgment and sentence appealed from should be, and they are hereby, affirmed; but this cause is remanded with directions to the trial court to enter an order amending 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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J.I.S. v. State, 930 So. 2d 587 (Fla. 2006)…it is cognizable in a motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(b). See id. The trial court must specify presentence jail credit even in imposing a sentence of life imprisonment. See Jenkins v. State, 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,…
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Lyttle v. State, 352 So. 2d 942 (Fla. 2d DCA 1977)…tence for reconviction of the same offense. North Carolina v. Pearce, supra; cf. Section 921.161(1), Florida Statutes (1973). The fact that the sentence is for life does not diminish the requirement to allow credit for time served. Jenkins v. State, 346 So. 2d 1055 (Fla.2d DCA 1977). Appellant is entitled to receive credit time since his initial incarceration. Marshall v. State, 310 So. 2d 55 (Fla.2d DCA 1977). We have examined the other issues raised by appellant in this appeal and consider them to be withou…
Authorities Cited
- Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976)