Corpus v. State

Decision Date17 November 1999
Docket NumberNo. 99-00479.,99-00479.
Citation744 So.2d 594
PartiesAndrew CORPUS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellee.

PATTERSON, Chief Judge.

We affirm Andrew Corpus's judgment and sentence for attempted sexual battery and two counts of lewd fondling, but remand for correction of credit for time served in prison.

Corpus was originally sentenced in March 1997 on these charges. This court reversed his convictions and remanded for a new trial. See Corpus v. State, 718 So.2d 1266 (Fla. 2d DCA 1998). Thus, when Corpus was retried, convicted, and sentenced in 1999, he had already served time in prison on the charges.

Corpus contends that the trial court failed to give him credit for time served in prison, and in doing so, deprived him of any gain time he may have earned. The sentencing form dated January 26, 1999, reflects 653 days of jail credit, but the prison credit box is not checked. The trial court then entered an amended judgment and sentence which reflects 1,245 days of jail credit, apparently converting the time served in prison to jail credit, but does not direct the Department of Corrections to award prison credit.

We direct the trial court on remand to vacate the amended judgment and sentence and to check the prison credit box on the original sentencing form so that Corpus receives prison credit and gain time earned, if any, from the Department of Corrections.

Affirmed and remanded.

PARKER and GREEN, JJ., Concur.

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9 cases
  • Eady v. State
    • United States
    • Florida District Court of Appeals
    • December 12, 2000
    ...Therefore, we reverse the summary denial of this claim and remand for the trial court to consider it on the merits. See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999); State v. Holmes, 360 So.2d 380 (Fla.1978.) AFFIRMED in part and REVERSED in part. BARFIELD, C.J., WEBSTER AND VAN NORTWI......
  • Wigley v. State
    • United States
    • Florida District Court of Appeals
    • January 20, 2016
    ...v. State, 941 So.2d 568, 569 (Fla. 1st DCA 2006) (citing Swain v. State, 845 So.2d 314, 314 (Fla. 2d DCA 2003), and Corpus v. State, 744 So.2d 594, 595 (Fla. 2d DCA 1999) ). Insofar as he argues that the Department of Corrections is misapplying the prison credit awarded on count I in each c......
  • Davidson v. State, 1D00-2548.
    • United States
    • Florida District Court of Appeals
    • March 22, 2001
    ...for all actual time served and gain time earned during their initial prison term. See § 921.161(2), Fla. Stat. (1995); Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999); Brown v. State, 584 So.2d 209 (Fla. 1st DCA). Indeed, the trial court stated at the resentencing hearing that the appella......
  • Swain v. Moore, 99-02610.
    • United States
    • Florida District Court of Appeals
    • November 17, 1999
    ... ... No. 99-02610 ... District Court of Appeal of Florida, Second District ... November 17, 1999.        ORDER DIRECTING STATE TO RESPOND TO PETITION FOR BELATED APPEAL ...         Calvin D. Swain petitions this court for a belated appeal from his judgment and ... ...
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