Burnett v. State, 99-02468.
| Decision Date | 27 October 1999 |
| Docket Number | No. 99-02468.,99-02468. |
| Parties | Jason Mark BURNETT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jason Mark Burnett appeals the trial court's order denying his motion to clarify sentence, which this court treats as an appeal from an order denying a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Burnett's motion sets forth a facially sufficient claim for relief. In that claim, Burnett requested the trial court to correct the prison credit on his sentence in case number 94-15256. We reverse and remand for further proceedings on this issue.
Burnett was sentenced as a youthful offender on May 15, 1995, in case number 94-15256. On count one of the information, Burnett was sentenced to four years' incarceration followed by two years on community control. At the same sentencing hearing, he was sentenced on counts two, three, and four to two years' community control to be served concurrently with the community control on the first count. Following a revocation of community control, Burnett was sentenced to six years' incarceration on all counts, to be served concurrently.
Burnett's motion to correct illegal sentence alleges the trial court failed to properly credit him with prison time served in this case. He contends he is entitled to receive prison credit against the sentence on counts two, three, and four for the time previously served on count one. This issue is properly raised in a motion to correct illegal sentence. See Griffith v. State, 706 So.2d 902 (Fla. 2d DCA 1998).
The trial court denied Burnett relief, explaining that he only deserved prior prison credit on the count for which he had previously served time. This would be analogous to this court's reasoning in Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986), which holds that a defendant is entitled to county jail credit against each sentence for time spent in jail only for the charge which led to the sentence. A trial court would be correct in relying on Keene, but only in regard to jail credit; prison credit is handled differently. This court, in Staschak v. State, 718 So.2d 1262 (Fla. 2d DCA 1998), explained the controlling principle on prison credit in simple terms:
The sole issue Staschak raises is the propriety of the sentencing judge's failure to award him, upon violating probation on felony A, credit for earlier prison time served on felony B, when the prison...
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...followed by terms of probation and, upon revocation of probation, all sentences were made concurrent. See Burnett v. State, 745 So.2d 1043, 1043-44 (Fla. 2d DCA 1999); Singer v. State, 679 So.2d 1274, 1275 (Fla. 2d DCA 1996); Campbell v. State, 631 So.2d 390, 390-91 (Fla. 1st DCA 1994). The......
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Layman v. State, 2D00-4728.
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Swain v. State, 2D03-190.
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