Curtis v. State
| Decision Date | 22 July 2016 |
| Docket Number | No. 2D15–4112.,2D15–4112. |
| Citation | 197 So.3d 135 |
| Parties | Jontrel CURTIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jontrel Curtis, pro se.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kiersten E. Jensen, Assistant Attorney General, Tampa, for Appellee.
SILBERMAN
, Judge.
Jontrel Curtis appeals the order granting in part and denying in part his Motion to Correct Sentence/Credit for Time Served filed under Florida Rule of Criminal Procedure 3.801
. We affirm the postconviction court's determination of the amount of presentence jail credit but reverse as to the court's failure to award credit for prison time and remand for further proceedings.
Mr. Curtis pleaded guilty to one count of scheme to defraud (count one), four counts of grand theft (counts three, four, five, and seven), and two counts of burglary of a dwelling (counts six and eight). The trial court sentenced him on each count to concurrent terms of forty-eight months' imprisonment followed by twenty-four months' probation. Shortly after he was released from prison, the trial court found that Mr. Curtis violated the terms of his probation, revoked his probation, and resentenced him to terms of sixty months' imprisonment for each offense. The court fashioned the sentences imposed on the revocation of his probation to total ten years' imprisonment: counts three, four, and five run concurrently with count one; count six runs consecutively to count one; and counts seven and eight run concurrently with count six. The trial court awarded Mr. Curtis seventy-nine days' credit for jail time served between the date of his arrest for violating the terms of his probation and the date he was resentenced.
In his rule 3.801
motion, Mr. Curtis asserted that he had not been awarded credit for all of the jail and prison time to which he was entitled. The postconviction court granted Mr. Curtis's motion in part, awarding him one additional day of credit for jail time served between the date of his original arrest and the date of sentencing following his conviction and one additional day of credit for jail time served between the date of his arrest for violating his probation and the date of resentencing. However, the postconviction court did not address Mr. Curtis's claim that he was entitled to credit for prison time served before he was released on probation.
On appeal, Mr. Curtis argues that the court erred in not considering and granting his request for credit for time served in prison. We recognize that Mr. Curtis sought prison credit under the wrong rule of criminal procedure. Rule 3.801
provides for the correction of a sentence that fails to award a defendant credit for time the defendant spent in jail prior...
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...is raised, the postconviction court must treat the claim as if it had been filed in an appropriately styled motion." Curtis v. State , 197 So. 3d 135, 136 (Fla. 2d DCA 2016). But Rogers does not appear to get the benefit of this holding because at the time her motion was filed, it was prope......
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...an award of prison credit and that this claim is properly raised in a motion filed pursuant to rule 3.800(a). See Curtis v. State, 197 So.3d 135, 136 (Fla. 2d DCA 2016). On remand, the trial court should treat the prison credit claim as if it had been filed pursuant to rule 3.800(a). Id. Ru......
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...sentences, credit must be awarded for time served on each sentence in any resentencing for the multiple convictions. Curtis v. State, 197 So. 3d 135 (Fla. 2d DCA 2016) When sentencing for VOP, the court can delegate to DOC the authority to credit all time served in DOC on a prior sentence. ......