Kendrick v. State, 99-0552.
| Decision Date | 02 June 1999 |
| Docket Number | No. 99-0552.,99-0552. |
| Citation | 736 So.2d 68 |
| Parties | Michael KENDRICK, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Kendrick, Immokalee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
Michael Kendrick appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850, and the order denying his motion for rehearing. We reverse and remand.
Appellant was convicted of two counts of indecent assault on June 1, 1993. The trial court sentenced him to five years in prison on count I and placed him on ten years of probation on count II, consecutive to the prison sentence in count I. After serving his sentence for count I, he was released on probation in count II; thereafter, his probation was revoked and he was sentenced to nine years in prison. The disposition sheet attached to the instant 3.850 motion indicates that he was given 347 days of credit for time served in Broward County Jail, "plus credit for all FSP time he may be entitled to as to this count only (if any)." (emphasis in original). When he asked prison officials about credit for time he had served in prison on count I in calculating his release date, the response to his request, in pertinent part, was as follows:
[T]he court specifically stated you were allowed credit for time previously served on this count only, you never served any time on this count. You were previously incarcerated on this same case but count I is what you did time for, you will not receive credit for this—unless the court issues an order granting such.
Thus, he filed the instant 3.850 motion, seeking credit for the time served in prison on count I against the nine-year sentence imposed for violation of probation in count II, attaching, as exhibit A, a copy of the disposition sheet, and as exhibit B, the inmate request and response. The trial court summarily denied the motion, stating that he was previously awarded credit for all time served. In addition to attaching the disposition sheet which appellant had filed with his motion, the trial court attached one that was almost identical, but which read, "Clarified Dispo" at the top, and which now provided that Appellant was entitled to receive "credit for all FSP time he may be entitled to as to this count only (if any)."
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Jefferson v. State, 4D02-2258.
...pursuant to the holding in Tripp is cognizable under 3.800(a). See Veach v. State, 814 So.2d 1124 (Fla. 1st DCA 2002); Kendrick v. State, 736 So.2d 68 (Fla. 4th DCA 1999). In Tripp, the Florida Supreme Court held that when separate crimes are sentenced together on the same scoresheet, "if a......
- Cobham v. State, 97-4251.