Bryant v. State, 2D00-2151.
Decision Date | 07 March 2001 |
Docket Number | No. 2D00-2151.,2D00-2151. |
Citation | 787 So.2d 68 |
Parties | Jeffrey T. BRYANT, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Jeffrey T. Bryant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850, in which he seeks additional jail credit. We reverse.
In his motion, Bryant stated that while he was incarcerated in Escambia County in August 1998, a detainer was placed on him for a violation of probation case from Hillsborough County. Bryant alleged that after he was sentenced on his Escambia County case, he was transferred to the Department of Corrections. He was then transferred to Hillsborough County and, on July 7, 1999, was sentenced on the violation of probation. Bryant seeks credit for time served on the Hillsborough County case from the date the detainer was placed on him in Escambia County.
The trial court concluded that, because the time Bryant spent in Escambia County did not involve Hillsborough County charges, Bryant was not entitled to the additional credit. The trial court's order does not include any attachments that conclusively refute Bryant's claim. The record does contain Escambia County's verification of incarceration reflecting that Bryant was incarcerated there from August 7, 1998, through March 23, 1999. This document, however, does not contain any information related to the Hillsborough County charges and so fails to refute Bryant's claim.
When a defendant seeks jail credit on a case for the time that the defendant is incarcerated in another county, there is conflict between the district courts of appeal as to whether credit should be awarded from the date a detainer was issued or the date a defendant was actually arrested. Compare Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000) ( ), and Travis v. State, 724 So.2d 119 (Fla. 1st DCA 1998) ( ), and Pearson v. State, 538 So.2d 1349, 1350 (Fla. 1st DCA 1989) ( ), with Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992) ( ). See also Wright v. State, 589 So.2d 382 (Fla. 4th DCA 1991) ( ); Tharpe v. State, 744 So.2d 1256, 1257 (Fla. 3d DCA 1999) ( ).
This court has not previously taken a firm position on the matter. See, e.g., Wilder v. State, 753 So.2d 655 (Fla. 2d DCA 2000) ( ); Medina v. State, 779 So.2d 357 (Fla. 2d DCA 2000) ( ); Hampton v. State, 746 So.2d 1191 (Fla. 2d DCA 1999) ( ); Bank v. State, 632 So.2d 640, 641 (Fla. 2d DCA 1994) (); Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986) ( ).
In Price, 598 So.2d at 217, the Fifth District distinguished the filing of a detainer from the service of an arrest warrant. Price, 598 So.2d at 217 (quoting United States v. Mauro, 436 U.S. 340, 358, 98 S.Ct. 1834, 56 L.Ed.2d 329 (1978)). We note, however, that a detainer can limit the ability of an inmate to be...
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