Hollingshead v. State, T--294
| Decision Date | 11 April 1974 |
| Docket Number | No. T--294,T--294 |
| Citation | 292 So.2d 617 |
| Parties | James Coston HOLLINGSHEAD, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.
Appellant seeks reversal of a sentencing order wherein he was sentenced to serve five years imprisonment, the maximum sentence for the offense of which he was convicted, without credit for approximately four months time previously spent in jail.
Allowance of credit for time served in jail prior to sentencing is now mandatory. Ch. 73--71, Laws of Florida, 1973, amending F.S. § 921.161(1), F.S.A. While said amendment did not become effective until after appellant herein was sentenced, an appellate court will apply the law which obtains at the time the appeal is decided in determining the correctness of the order or judgment before it. Joins v. State, 287 So.2d 742 (Fla.App.1st, 1974).
Accordingly, the order of sentencing is reversed with directions that the trial court resentence appellant, giving due credit for the time earlier spent in jail, or the trial court may enter an order reducing the sentence without calling the defendant back before the court.
Reversed with directions.
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Heilmann v. State, 74--440
...became effective after imposition of sentence by the trial court. Hamilton v. State, Fla.App.2d 1975, 306 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 A rule 3.850 proceedi......
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Lingo v. State, 76-914
...the county jail before sentence. The credit must be for a specified time and shall be provided for in the sentence. Hollingshead v. State, 292 So.2d 617 (Fla.1st DCA 1974) held that '(a)llowance of credit for time served in jail prior to sentencing is now mandatory.' See Smith v. State, 310......
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Gourley v. State, 82-1326
...Castle v. State, 330 So.2d 10 (Fla.1976); Strachen v. State, 380 So.2d 487 (Fla. 3d DCA 1980). Appellant cites Hollingshead v. State, 292 So.2d 617 (Fla. 1st DCA 1974), and Joins v. State, 287 So.2d 742 (Fla. 1st DCA 1974). In those cases the First District Court of Appeal did not consider ......
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McShay v. State, 75--86
...the applicable Florida law dictates that this court apply the law applicable at the time the appeal was decided. See Hollingshead v. State, Fla.App.1st, 1974, 292 So.2d 617, and Joins v. State, Fla.App.1st, 1974, 287 So.2d 742, cited therein.' Id. at 601. But see Ellis v. State, 298 So.2d 5......