JAMES BERNARD WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Wright appealed the denial of his motion for sentence correction, claiming he was not given proper credit for time served in jail prior to sentencing. The court reversed and remanded for an evidentiary hearing to determine the total amount of credit time to which Wright was entitled.
The trial court erred in denying the motion without an evidentiary hearing. Appellant is entitled to credit for all time spent in jail prior to sentencing, including time spent in jail as a condition of probation. The cause is reversed and remanded for an evidentiary hearing to determine the total amount of credit time due.
[1] A defendant is entitled to credit for all time spent in jail prior to sentencing, including time served as a condition of probation.
[2] A motion to correct a sentence alleging a failure to award proper jail time credit cannot be denied without an evidentiary hearing if the allegations are not conclusively…
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Join FLexlaw to unlock all legal intelligence“Appellant is entitled to credit for all of the time he spent in jail prior to sentencing on this offense; Section 921.161(1), Florida Statutes (1975); Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975); including the time he spent in jail as a condition of his probation; State v. Jones, 327 So. 2d 18 (Fla.1976).”
Establishes the legal principle that defendant is entitled to credit for all jail time prior to sentencing, including time served as a probation condition.
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Join FLexlaw to unlock all legal intelligenceWright was charged with grand larceny on October 18, 1974, and pled guilty on March 18, 1975. The trial judge stated Wright would be placed on probati…
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PER CURIAM.
Appellant filed a motion to correct his sentence pursuant to Fla.R.Crim.P. 3.850, contending he had not been given credit for all the time he had spent in jail prior to imposition of his sentence. The trial court denied the motion without an evidentiary, hearing. We reverse.
Appellant was originally charged with grand larceny on October 18, 1974. On March 18,1975, he pled guilty pursuant to a plea bargain, the trial judge stating that appellant would be placed on probation for three years with the special condition that he serve the first year in jail “with credit for time served.” The order placing appellant on probation, however, recited no such special condition but contained a note at the top which read: “Presently serving one year County Jail.” Nowhere in this order was there any mention of credit for time served.
On April 21, 1975, an affidavit and warrant were filed charging appellant with having violated his probation by escaping from jail on March 25, 1975. At that point, appellant was still at large, but he was eventually apprehended. At a hearing held on August 27, 1975, the probation violation charge was dropped in exchange for his plea of guilty to the substantive charge of escape that had also been' brought against him. At that hearing appellant informed the court that he had been free for about three months as a result of his escape.
In September and October of 1975, appellant was charged with further probation violations. After a hearing held on November 4, 1975, the trial court revoked appellant’s probation and sentenced him to five years in prison with credit for 117 days served in jail. The 117 days credit was apparently awarded pursuant to a memorandum from the sheriff’s office indicating that appellant had served that many days in jail.
On appellant’s direct appeal, this court affirmed; Wright v. State, 338 So. 2d 850 (Fla.2d DCA 1976). Appellant subsequently filed the instant motion alleging, inter alia, that the trial court had failed to give him credit for the time he spent in jail from his arrest to the entry of his guilty plea to the original charge.
Appellant’s allegation is not conclusively refuted by the record. It may well be, as appellant claims, that the 117 days for which he was given credit cover only the period between his return to jail after his escape and the revocation of his probation. Appellant is entitled to credit for all of the time he spent in jail prior to sentencing on this offense; Section 921.161(1), Florida Statutes (1975); Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975); including the time he spent in jail as a condition of his probation; State v. Jones, 327 So. 2d 18 (Fla.1976).
Accordingly, the order denying appellant’s motion is vacated and the cause remanded with directions to hold an evidentiary hearing to determine and award to appellant the total amount of credit time to which he is entitled.
BOARDMAN, C. J., and HOBSON and DANAHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Sims v. State, 369 So. 2d 431 (Fla. 2d DCA 1979)…nation as to whether appellant was incarcerated2 and was therefore entitled to credit time. GRIMES, C. J., and BOARDMAN, J., concur. . The failure to award credit time is a matter which may be raised by way of a Rule 3.850 motion. Wright v. State, 355 So. 2d 870 (Fla. 2d DCA 1978). . At the least we think that a defendant is incarcerated when he is confined in a governmental institution and his liberty is circumscribed to the extent that he is not free to leave without official permission.…
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Donnie Gene Craig v. State, 608 So. 2d 589 (Fla. 4th DCA 1992)…ourt should have credited him for the time served prior to his conviction and while awaiting his appeal. The state concedes that the trial court should have given Craig credit for the time that he served while awaiting sentencing. Wright v. State, 355 So. 2d 870 (Fla. 2d DCA 1978). In addition, he was entitled to credit for time served on the original sentence which was vacated by the appellate court. Hampton v. State, 421 So. 2d 775 (Fla. 5th DCA 1982). Accordingly, we reverse the sentence as imposed, an…
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Ault v. State, 415 So. 2d 147 (Fla. 2d DCA 1982)…the date of his initial arrest to the time of his commitment to the North Florida Evaluation and Treatment Center on June 20,1980. Appellant is entitled to credit for all the time he spent in jail prior to sentencing on his offense. Wright v. State, 355 So. 2d 870 (Fla. 2d DCA 1978). Additionally, appellant contends that the court should have given him credit for the period of time he was in custody in the sex offender treatment program at North Florida Evaluation and Treatment Center. We agree. Section 917…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jones, 327 So. 2d 18 (Fla. 1976)
- Marshall v. State, 310 So. 2d 55 (Fla. 2d DCA 1975)