HERBERT W. WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant is entitled to credit for pretrial detention if it resulted from indigency, even if not raised on direct appeal.
Herbert W. Wilson was convicted of robbery and sentenced to life imprisonment without credit for time served in jail prior to conviction. He claims hi…
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ANSTEAD, Judge.
The appellant, Herbert W. Wilson, is here seeking the reversal of an order deny ing his motion to correct his sentence. We will treat this as an appeal from a motion for post-conviction relief pursuant to Fla.R. Crim.P. 3.850.
Wilson was convicted,of robbery and sentenced to the maximum punishment provided therefor, life imprisonment. He was given no credit for time served in jail prior to conviction. He did not raise this issue by direct appeal and normally would be precluded from doing so now. Heilman v. State, 310 So. 2d 376 (Fla. 2d DCA 1975). However, he contends that he was unable to make bail solely because of his indigency. If he is correct he would be entitled to credit for his pretrial detention despite his failure to previously appeal. Hill v. Wainwright, 465 F. 2d 414 (5th Cir. 1972); Gelis v. State, 287 So. 2d 368 (Fla. 2d DCA 1973). He is entitled to a determination as to whether his pretrial detention was a consequence of his indigency and if it was he is entitled to credit for time served. The reason for this rule is articulated in Gelis, supra:
Therefore, the failure to give Gelis credit for pre-trial incarceration, if his being in jail was the consequence of indigency, was error, because it resulted in a sentence exceeding the maximum.
While Wilson was sentenced to life imprisonment, his receipt of credit for time served could affect the time at which he becomes eligible for parole. Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976).
Accordingly, this cause is hereby reversed and remanded to the trial court for further proceedings in accordance with this opinion.
DAUKSCH and LETTS, JJ., concur.
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Citator
Cited By
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Cooper v. State, 379 So. 2d 199 (Fla. 5th DCA 1980)…illiams v. Illinois, 399 U.S. 235, at 241-242, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970). “[I]t is the excess of total imprisonment over the statutory maximum with which the courts are concerned.” Matthews v. Dees, supra at 931; see also Wilson v. State, 358 So. 2d 31 (Fla. 4th DCA 1978); Gelis v. State, 287 So. 2d 368, 369 (Fla. 2d DCA 1973). We hold that the summary denial of Cooper’s petition for postconviction relief was erroneous. Accordingly, the order denying hearing is vacated and this cause is [*201] re…
Authorities Cited
- Hill v. Louie L. Wainwright, 465 F.2d 414 (5th Cir. 1972)
- Heilmann v. State, 310 So. 2d 376 (Fla. 2d DCA 1975)
- Sutton v. State, 334 So. 2d 628 (Fla. 4th DCA 1976)
- Cummings v. Cummings, 287 So. 2d 368 (Fla. 2d DCA 1973)