Jones v. State, No. 93-781

CourtFlorida District Court of Appeals
Writing for the CourtJOANOS
Citation635 So.2d 41
Parties19 Fla. L. Weekly D167 Loring Spencer JONES, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 93-781
Decision Date14 January 1994

Page 41

635 So.2d 41
19 Fla. L. Weekly D167
Loring Spencer JONES, Appellant,
v.
STATE of Florida, Appellee.
No. 93-781.
District Court of Appeal of Florida,
First District.
Jan. 14, 1994.

Appellant pro se.

Robert A. Butterworth, Atty. Gen., and James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Judge.

Loring Spencer Jones appeals an order denying his Motion for Correction of Illegal Sentence pursuant to Florida Rule of Criminal Procedure 3.800. The record shows that on May 30, 1989, after pleading nolo contendere to one count of sale of cocaine and one count of battery of a law enforcement officer in Case Nos. 89-62 and 89-104, Appellant was sentenced to serve 3 1/2 years incarceration, to be followed by 1 1/2 years probation, with credit for time served at that point of 143 days. Appellant alleged in a sworn motion that due to the accumulation of gain-time he was released from the incarcerative portion of his sentence and began serving the probationary portion before the entire 3 1/2 years elapsed. The record on appeal contains a document designated circuit court minutes, which appears to confirm that Appellant was released to begin serving his probation on December 4, 1991, before the entire 3 1/2 years had elapsed.

The record further shows that after his release, on April 24, 1992, Appellant was arrested and charged with violation of probation and other offenses. On October 8, 1992, Appellant entered into a plea agreement whereby he pled no contest to charges of burglary of a structure and escape as well as violation of probation in Case Nos. 89-62 and 89-104. The written plea agreement contained the following language:

In addition, the Defendant shall plead no contest to V.O.P.s in Case # 89-62 and 89-104. The State shall dismiss Case # 92-546 and # 92-675. The Defendant shall be sentenced to serve seven (7) years D.O.C. with no probation to follow in Case # 92-547. Furthermore, any sentence imposed in Case # 89-62 and 89-104 shall run concurrent with the sentence imposed in Case # 92-547. Defendant shall receive credit for time served. Defendant shall admit his habitual offender status and acknowledge that the purpose of such status is intended to limit gain time but not to enhance sentence. (emphasis supplied)

Pursuant to this agreement, Appellant was sentenced to 5 years in Case No. 89-62, with credit for time served of 1109 days, to be served concurrent with Case Nos. 89-104 and 92-547. (The record does not contain the sentencing order in Case No. 89-104, however, it is apparent from other documents in the record, specifically the circuit court minutes for October 8, 1992, that Appellant was also sentenced to 5 years with credit for 1109 days in that case. In addition, the court, in denying the motion, found that Appellant was given credit for 1109 days in Case No. 89-104.) According to the plea agreement, he received a concurrent 7 year sentence in Case No. 92-547. The existence of this longer sentence does not conclude the matter of appropriate credit for the other concurrent sentences, see Smith v. State, 613 So.2d 603 (Fla. 5th DCA 1993).

Appellant filed his sworn Motion for Correction of Illegal Sentence, alleging, among other things, that upon sentencing for violation of probation in Case Nos. 89-62 and 89-104 pursuant to the above plea agreement, he did not receive appropriate credit for time served, in that the 1109 days awarded did not take into account the full 3 1/2 years, for which he is entitled to credit under State v. Green, 547 So.2d 925 (Fla.1989). He also alleged he had...

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10 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 Marzo 1998
    ...if the claim could be resolved without an evidentiary hearing through a review of the trial court's records. See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA 1994); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 Junio 1998
    ...if the claim could be resolved without an evidentiary hearing through a review of the trial court's records. See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA [1994] ); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1......
  • Nowlin v. State, No. 93-2153
    • United States
    • Florida District Court of Appeals
    • 12 Julio 1994
    ...range when offense alleged in information occurred prior to the effective date of the sentencing statute). See also Jones v. State [635 So.2d 41], 19 Fla.L. Weekly D167 (Fla. 1st DCA Jan. 14, 2 The state should not be required to confront factual disputes in cases that have been final for o......
  • Webb v. State, No. 94-31
    • United States
    • Court of Appeal of Florida (US)
    • 8 Septiembre 1994
    ...v. State, No. 93-3039, 1994 WL 201455 (Fla. 1st DCA May 25, 1994); Thomas v. State, 634 So.2d 175 (Fla. 1st DCA 1994); Jones v. State, 635 So.2d 41 (Fla. 1st DCA 1994); Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988); see also Haggerty v. State, 632 So.2d 668 (Fla. 4th DCA 1994); Bunch v.......
  • Request a trial to view additional results
10 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 Marzo 1998
    ...if the claim could be resolved without an evidentiary hearing through a review of the trial court's records. See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA 1994); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 Junio 1998
    ...if the claim could be resolved without an evidentiary hearing through a review of the trial court's records. See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA [1994] ); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1......
  • Nowlin v. State, No. 93-2153
    • United States
    • Florida District Court of Appeals
    • 12 Julio 1994
    ...range when offense alleged in information occurred prior to the effective date of the sentencing statute). See also Jones v. State [635 So.2d 41], 19 Fla.L. Weekly D167 (Fla. 1st DCA Jan. 14, 2 The state should not be required to confront factual disputes in cases that have been final for o......
  • Webb v. State, No. 94-31
    • United States
    • Court of Appeal of Florida (US)
    • 8 Septiembre 1994
    ...v. State, No. 93-3039, 1994 WL 201455 (Fla. 1st DCA May 25, 1994); Thomas v. State, 634 So.2d 175 (Fla. 1st DCA 1994); Jones v. State, 635 So.2d 41 (Fla. 1st DCA 1994); Small v. State, 535 So.2d 622 (Fla. 1st DCA 1988); see also Haggerty v. State, 632 So.2d 668 (Fla. 4th DCA 1994); Bunch v.......
  • Request a trial to view additional results

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