Lee v. State, 89-2869
| Decision Date | 11 July 1990 |
| Docket Number | No. 89-2869,89-2869 |
| Citation | 566 So.2d 526 |
| Parties | 15 Fla. L. Weekly D1808, 15 Fla. L. Weekly D2285 Lewey V. LEE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal of the trial court's denial of appellant's rule 3.800 motion to correct his sentence.
We reverse on the authority of State v. Green, 547 So.2d 925 (Fla.1989), and remand with directions to grant appellant full credit for the eighteen months period of incarceration he previously served, in addition to time served awaiting disposition of his violation of probation.
REVERSED AND REMANDED WITH DIRECTIONS.
ON MOTION FOR CLARIFICATION
We treat the State's Motion of Rehearing/Suggestion of Mootness as a motion for clarification. We grant the motion and clarify our opinion of July 11, 1990 as follows:
Although appellant is now out of jail, he is still entitled to have the court records accurately reflect the total time he served in jail. The trial court should credit appellant with the time he served for the original offense and the time he served awaiting the disposition of his violation of probation. Appellant need not be present when the trial court carries out our directions.
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Fountain v. State, 95-1219
...from the date he was served with the capias on the new charges. Rule 3.800 is a proper vehicle for seeking jail credit, Lee v. State, 566 So.2d 526 (Fla. 4th DCA 1990); Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993), and under Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995), appellant......
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State v. Wright, 3D08-1533.
...v. State, 669 So.2d 1134, 1134-35 (Fla. 3d DCA 1996); Tucker v. State, 679 So.2d 1261, 1262 (Fla. 2d DCA 1996); Lee v. State, 566 So.2d 526, 527 (Fla. 4th DCA 1990). ...
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Fernandez v. State, 95-3295
...that the defendant is "still entitled to have court records accurately reflect the total time he served in jail." Lee v. State, 566 So.2d 526, 527 (Fla. 4th DCA 1990). Accordingly, the order under review is reversed and the cause remanded for correction of ...