Jones v. State, No. 89-2187

CourtCourt of Appeal of Florida (US)
Writing for the CourtDAUKSCH
Citation570 So.2d 345
Docket NumberNo. 89-2187
Decision Date11 October 1990
Parties15 Fla. L. Weekly D2551 Johnny Jay JONES, Appellant, v. STATE of Florida, Appellee.

Page 345

570 So.2d 345
15 Fla. L. Weekly D2551
Johnny Jay JONES, Appellant,
v.
STATE of Florida, Appellee.
No. 89-2187.
District Court of Appeal of Florida,
Fifth District.
Oct. 11, 1990.
Rehearing Denied Dec. 3, 1990.

Appeal from the Circuit Court for Brevard County; John Dean Moxley, Jr., Judge.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a denial of a motion filed under 3.800(a), Florida Rules of Criminal Procedure. We reverse the order and remand for a new hearing to have the court give the appellant full credit for all jail time served. Appellant had been given a split sentence; first a term of imprisonment, then probation. He served his incarceration, was placed on probation, violated it and was again put into prison. The sentencing judge failed to give him full credit for time served under the first part of his split sentence. State v. Jones, 327 So.2d 18 (Fla.1976); Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1988); Freeman v. State, 329 So.2d 413 (Fla. 4th DCA 1976).

SENTENCE VACATED; REMANDED.

W. SHARP and COWART, JJ., concur.

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3 practice notes
  • Pearson v. Moore, No. 1D99-2520.
    • United States
    • Court of Appeal of Florida (US)
    • 14 Agosto 2000
    ...cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So.2d 345 (Fla. 5th DCA Wilson, 603 So.2d at 94 (emphasis supplied). Accordingly, the Fifth District remanded for a judicial determination on the iss......
  • Wilson v. State, No. 92-1429
    • United States
    • Court of Appeal of Florida (US)
    • 31 Julio 1992
    ...cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So.2d 345 (Fla. 5th DCA We affirm the denial of all issues raised in the 3.850 motion except on the issue of the award for jail time served and reman......
  • Smith v. State, No. 96-207
    • United States
    • Court of Appeal of Florida (US)
    • 7 Agosto 1996
    ...the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So.2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So.2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the def......
3 cases
  • Pearson v. Moore, No. 1D99-2520.
    • United States
    • Court of Appeal of Florida (US)
    • 14 Agosto 2000
    ...cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So.2d 345 (Fla. 5th DCA Wilson, 603 So.2d at 94 (emphasis supplied). Accordingly, the Fifth District remanded for a judicial determination on the iss......
  • Wilson v. State, No. 92-1429
    • United States
    • Court of Appeal of Florida (US)
    • 31 Julio 1992
    ...cannot correct an illegal sentence or render the illegality harmless; the trial court is required to accomplish the task. Jones v. State, 570 So.2d 345 (Fla. 5th DCA We affirm the denial of all issues raised in the 3.850 motion except on the issue of the award for jail time served and reman......
  • Smith v. State, No. 96-207
    • United States
    • Court of Appeal of Florida (US)
    • 7 Agosto 1996
    ...the trial court failed to give the defendant full credit for time served under the first part of his split sentence. See Jones v. State, 570 So.2d 345 (Fla. 5th DCA 1990); Coney v. State, 519 So.2d 1144 (Fla. 3d DCA 1988). Accordingly, we reverse the portion of the order calculating the def......

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