Kitchen v. State
| Decision Date | 21 October 2009 |
| Docket Number | No. 4D09-143.,4D09-143. |
| Citation | 20 So.3d 975 |
| Parties | John KITCHEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Kitchen, Carabelle, pro se.
Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
John Kitchen appeals an order summarily denying his motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(a). He seeks additional jail time credit for time spent in the county jail pending resentencing in his case.
In 1997, Kitchen was sentenced to forty years in prison as a violent career criminal with a thirty-year mandatory minimum. The trial court gave a credit for 348 days served in the county jail prior to sentencing. As a result of a partially successful postconviction relief motion pursuant to rule 3.850, Kitchen was resentenced to fifteen years in prison as a habitual violent felony offender, with a ten-year mandatory minimum, nunc pro tunc to the date of the original sentence. The court gave the same 348 days of jail credit, plus "ALL DOC CREDIT."
In this motion to correct a sentencing error, Kitchen claims he was entitled to 769 days of jail time credit, maintaining that the trial court did not grant him jail credit for time spent in county jail from September 27, 2000, through May 21, 2001, pending resolution of his postconviction relief motion and his resentencing. Some of the time claimed includes time spent in county jail after resentencing but prior to his transfer to the Department of Corrections.
Section 921.161, Florida Statutes,1 provides as follows:
(1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.
(2) In addition to other credits, a person sentenced to imprisonment in custody of the Department of Corrections shall receive credit on her or his sentence for all time spent between sentencing and being placed in custody of the department.
(Emphasis added). The statute requires the trial court to determine and give credit for all time spent in county jail prior to sentencing and for the Department to calculate the time after sentencing, including time in the county jail after sentencing. Kitchen claims that the trial court did not order credit for the county jail time served prior to resentencing, and awarding "all DOC credit" does not include the county jail time.
The state concedes that a prisoner is entitled to credit for jail time spent prior to resentencing. See Smith v. State, 691 So.2d 606 (Fla. 4th DCA 1997); Brown v. State, 584 So.2d 209 (Fla. 1st DCA 1991); Franklin v. State, 515 So.2d 400, 401 (Fla. 1st DCA 1987). In accordance with the statute, the trial court must specifically state that time in the sentence. The trial court's mere reference to ALL DOC CREDIT does not include the time spent in county jail prior...
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Shakir v. State Of Fla.
... ... LaLonde v. State, 941 So.2d 586, 587 (Fla. 4th DCA 2006). Appellant alleged a prima facie claim for this credit by stating the date range during which he was in the county jail after sentencing but before his placement at the rehabilitation center ... Kitchen v. State, 20 So.3d 975, 977 (Fla. 4th DCA 2009) (finding a motion to correct facially sufficient where the “defendant provided the dates of his incarceration in the county jail”). Accordingly, we reverse in part the summary denial of appellant's motion and remand for the trial court to ... ...
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Medina v. State , 3D10–2154.
... ... See Kitchen v. State, 20 So.3d 975 (Fla. 4th DCA 2009) (holding that defendant is entitled to credit for time served in jail prior to resentencing). A review of the jail certificates indicates that Medina was not awarded credit for time spent in jail after his original sentence was reversed and before he was ... ...
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Hardison v. State
... ... Section 921.161(1), (2), Florida Statutes (2018), "requires the trial court to determine and give credit for all time spent in county jail prior to sentencing and for the Department [of Corrections] to calculate the time after sentencing, including time in the county jail after sentencing." Kitchen v. State , 20 So.3d 975, 976 (Fla. 4th DCA 2009). Relief sought for "jail time spent after sentencing must be sought through administrative proceedings with the Department of Corrections." Stokes v. State , 851 So.2d 788, 788 (Fla. 2d DCA 2003). Thus, as the state argues, the trial court was not ... ...
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Wiley v. State
... ... 921.161, Fla. Stat. (emphasis added).In Kitchen v. State , 20 So. 3d 975 (Fla. 4th DCA 2009), we explained that this "statute requires the trial court to determine and give credit for all time spent in county jail prior to sentencing and for the Department to calculate the time after sentencing, including time in the county jail after ... ...
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Judgment and sentence
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