Gallagher v. State, 74-638
| Decision Date | 20 September 1974 |
| Docket Number | No. 74-638,74-638 |
| Citation | 300 So.2d 299 |
| Parties | Raymond Joseph GALLAGHER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Raymond Joseph Gallagher, in pro. per.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was adjudged guilty of a crime and sentenced to the maximum term of imprisonment provided by law. He had spent time in jail prior thereto and so moved the trial court for credit for his presentence jail time, which motion was denied. He appeals. We reverse.
Subsequent to the trial court denial F.S. 921.161(1) (1973) was enacted. Different from the prior law allowing the trial court discretion, it provided mandatory credit for jail time served prior to sentencing. Applying the law which obtains at the time of the appeal, we reverse with respectful directions to re-sentence the appellant in accordance with the mentioned statute. See Joins v. State, 287 So.2d 742 (2d D.C.A.Fla.1973).
On another tack, we would agree with the observation contained in the State's brief:
'Since Appellant received the statutory maximum sentence allowable of five years, Williams v. Illinois, 399 U.S. 235, 26 L.Ed.2d 586, 90 S.Ct. 2018 (1970), might afford Appellant the relief he seeks if he were to establish that the period of time he spent in jail prior to sentencing was due solely to his inability to meet bond.'
Reversed and remanded for proceedings consistent herewith.
Reversed and remanded.
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Heilmann v. State, 74--440
...So.2d 600; Hollingshead v. State, Fla.App.1st 1974, 292 So.2d 617; Joins v. State, Fla.App.1st 1974, 287 So.2d 742; Gallagher v. State, Fla.App.4th 1974, 300 So.2d 299. A rule 3.850 proceeding, however, is a collateral proceeding, independent of the original prosecution. Courts have long re......
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Collins v. Wainwright, 73--1333
...that we should apply the rule as it exists at the time of the appeal, citing as analogous authority our decision in Gallagher v. State, Fla.App.1974, 300 So.2d 299. See also Joins v. State, Fla.App.1974, 287 So.2d 742. We accept appellant's suggestion. Accordingly, while the sentencing proc......
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Lund v. State, 79-2229
...supra, mandates that the defendant be given credit for all time served. Baker v. Wainwright, 327 So.2d 8 (Fla.1976); Gallagher v. State, 300 So.2d 299 (Fla. 4th DCA 1974). However, a defendant, being held on numerous charges is not entitled to have credit for jail time pyramided by being gi......
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McShay v. State, 75--86
...that we should apply the rule as it exists at the time of the appeal, citing as analogous authority our decision in Gallagher v. State, Fla.App.1974, 300 So.2d 299. See also Joins v. State, Fla.App.1974, 287 So.2d 742. We accept appellant's suggestion. Accordingly, while the sentencing proc......