FELIX FREDDY MORALES, A/K/A LAMONT MORALES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Felix Morales appealed a trial court's denial of his motion to correct his sentence, seeking credit for time served in New York on unrelated charges while a Florida warrant and detainer were in place. The Third District Court of Appeal affirmed, holding that awarding such credit is discretionary, not mandatory, under Florida law.
A defendant is not automatically entitled to credit for time served in another state on unrelated charges when a Florida warrant or detainer is issued. Rather, the trial court has discretion to grant or deny such credit.
[1] A Florida court has discretion to grant credit for time served in another state on unrelated charges when a Florida warrant or detainer is issued.
[2] A prisoner incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant is not automatically entitled to credit for time served in the oth…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a prisoner is incarcerated in another state on charges unrelated to the Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state.”
Establishes the baseline rule that defendants serving time in other states on unrelated charges do not automatically receive credit.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWhile Morales was serving a sentence in New York on an unrelated charge, Miami-Dade County issued a warrant for his arrest and placed a hold on him to…
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ROTHENBERG, Judge.
The defendant, Felix Freddy Morales, a/k/a Lamont Morales (“Morales”), appeals the trial court’s order denying his motion to correct his sentence. As we agree with the trial court, that granting a defendant credit for time served outside of the state of Florida on unrelated charges, when a warrant or detainer is issued by this state, is discretionary, not mandatory, we affirm.
While Morales was serving a sentence in New York on an unrelated charge, Miami-Dade County issued a warrant for Morales’ arrest and a hold was placed upon Morales to ensure his later transport to Miami-Dade County to answer the Miami-Dade County charges. Morales claims he is entitled to credit for time served in New York from the moment the Florida warrant was issued and verified in New York and a hold was placed on him. The trial court correctly ruled that it has discretion to grant Morales credit for the time he served in New York.
In Hopping v. State, 650 So. 2d 1087, 1088 (Fla. 3d DCA 1995), this court held that “[w]hen a prisoner is incarcerated in another state on charges unrelated to the Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state.” See also Kronz v. State, 462 So. 2d 450, 451 (Fla.1985) (holding that the jail credit statute applies to Florida jails only, not to jails in other states, but courts have discretion to award jail credit when the defendant is incarcerated in another state based solely on Florida charges); Tribble v. State, 958 So. 2d 543, 543-44 (Fla. 4th DCA 2007) (affirming the trial court’s denial of the defendant’s motion for additional jail credit for time served in jail in another state).
Affirmed.
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Citator
Cited By
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Ridgeway v. State, 224 So. 3d 305 (Fla. 3d DCA 2017)…uth Carolina while on hold for transfer to Dade County on a fugitive warrant. There is no evidence in the record before us to show Ridgeway was not entitled to the credit for time served prior to sentencing that he alleges. But see Morales v. State, 970 So. 2d 387 (Fla. 3d DCA 2007) (granting a defendant credit for time served outside of the state of Florida on unrelated charges, when a warrant or de-tainer is issued by this state, is discretionary, not mandatory). On appeal from a summary denial, this Cour…
Authorities Cited
- Kronz v. State, 462 So. 2d 450 (Fla. 1985)
- Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995)
- Tribble v. State, 958 So. 2d 543 (Fla. 4th DCA 2007)