Davis v. State, 89-00963
| Decision Date | 19 May 1989 |
| Docket Number | No. 89-00963,89-00963 |
| Citation | 543 So.2d 437,14 Fla. L. Weekly 1243 |
| Parties | 14 Fla. L. Weekly 1243 Robert G. DAVIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert Davis appeals the denial of his motion to correct sentence. We reverse.
In 1981 Davis was arrested for a felony offense and spent 42 days in jail awaiting sentencing. Eventually he received probation for that offense. Then, in 1987, he was arrested on a separate felony charge which also constituted a violation of his ongoing probation. Davis spent another 173 days in jail before receiving concurrent sentences for the 1981 and 1987 felony charges. The court properly awarded only 173 days credit against the 1987 offense. See Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986). As to the 1981 offense, the court credited Davis with only the 42 days served prior to the original imposition of probation. Davis argues that he should receive credit for the 42 days plus 173 days with respect to the 1981 charge.
We believe this situation is controlled by Daniels v. State, 491 So.2d 543 (Fla.1986), wherein the supreme court held that whenever a defendant receives presentence jail-time credit on one of several concurrent sentences, the remaining sentences must also reflect the credit for time served. In Keene, supra, which like the present case involved a violation of felony probation, this court interpreted Daniels as requiring equal credit whenever the defendant is "in jail at the same time for more than one crime." 500 So.2d at 594. In essence Davis claims that his stint in the county jail in 1987 was attributable both to the new felony arrest and to the fact his arrest represented a violation of probation. Unless the files and records in this case demonstrate otherwise, Davis is entitled to the extra credit.
Reversed.
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Price v. State, 92-205
...on different dates, the defendant may have earned more jail-time credit against one sentence than another. Compare Davis v. State, 543 So.2d 437 (Fla. 2d DCA 1989) (holding that a defendant is entitled to equal jail-time credit on each concurrent sentence when the defendant is arrested at t......
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Favors v. State, 89-1505
...Lewis v. State, 558 So.2d 170 (Fla. 5th DCA 1990). This appellant is due 209 days credit for previous jail time served. Davis v. State, 543 So.2d 437 (Fla. 2d DCA 1989); Kirkman v. Wainwright, 465 So.2d 1262 (Fla. 5th DCA SENTENCE VACATED, REMANDED. DANIEL, C.J., and HARRIS, J., concur. ...
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Kendrigan v. State, 4D06-3131.
...the new charges and the violation charges at the same time. See Diggs v. State, 727 So.2d 346, 347 (Fla. 1st DCA 1999); Davis v. State, 543 So.2d 437 (Fla. 2d DCA 1989). See also Lavrich v. State, 633 So.2d 1177, 1178 (Fla. 4th DCA WARNER, POLEN and GROSS, JJ., concur. ...
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Lavrich v. State, 93-1364
...must receive credit for time served, unless the time was not attributable to the violation or the underlying offense. Davis v. State, 543 So.2d 437 (Fla. 2nd DCA 1989). Therefore, we remand to the lower court to assess how long Lavrich was in custody for the violation of community control o......