Marshall v. State, 73--905
| Decision Date | 14 March 1975 |
| Docket Number | No. 73--905,73--905 |
| Citation | 310 So.2d 55 |
| Parties | John William MARSHALL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James A. Gardner, Public Defender, Sarasota, and Richard W. Seymour, Asst. Public Defender, Bradenton, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee.
Having carefully considered the record on appeal and the briefs and argument of counsel, we find that appellant has failed to demonstrate reversible error. The judgment appealed is, therefore, affirmed.
The cause must be remanded, however, because appellant was not fully credited for all the time he had spent in county jail awaiting trial, or the time served in state prison pursuant to his original conviction for the same offense.
Appellant was incarcerated on January 22, 1972, for the crime of robbery. He was tried, convicted and sentenced to forty years in prison, with credit for the time he had spent in county jail. Upon appeal, this court reversed the conviction and remanded the cause for a new trial. On April 4, 1973, appellant was returned to county jail for the retrial. At his second trial the jury was unable to reach a verdict and a mistrial was declared. Appellant was tried a third time, and upon conviction was sentenced to forty years, the trial judge directing that he be given credit for all time previously served. The sentence order specified that appellant would be given credit time since April 4, 1973, the date he was returned for retrial.
The cause is remanded to the trial court for the purpose of entering a corrective sentence order giving appellant credit for all the time he had been incarcerated since January 22, 1972, specifying the period of time allowed. Chambers v. State, Fla.App.2d 1974, 293 So.2d 752; North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 33 L.Ed.2d 656; Grine v. State, Fla.App.2d 1974, 301 So.2d 122; § 921.161(1) F.S. This action may be taken by the trial court without the appellant appearing before the court.
The judgment is affirmed and the cause is remanded with directions.
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Lyttle v. State, 76-1995
...State, 346 So.2d 1055 (Fla.2d DCA 1977). Appellant is entitled to receive credit time since his initial incarceration. Marshall v. State, 310 So.2d 55 (Fla.2d DCA 1977). We have examined the other issues raised by appellant in this appeal and consider them to be without We affirm appellant'......
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Wright v. State, 77-1128
...for all of the time he spent in jail prior to sentencing on this offense; Section 921.161(1), Florida Statutes (1975); Marshall v. State, 310 So.2d 55 (Fla. 2d DCA 1975); including the time he spent in jail as a condition of his probation; State v. Jones, 327 So.2d 18 Accordingly, the order......
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Franklin v. State, BS-52
...the date of the last sentencings specified in his sentences. See Section 921.161(1), Florida Statutes (1985), and Marshall v. State, 310 So.2d 55 (Fla. 2d DCA 1975). Further, since all of the sentences are concurrent, the full amount of credit must be specified with respect to each sentence......
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Simpson v. State, 90-2301
...to specifically set out the amount of credit for time served to be allowed the defendant. Section 921.161(1), F.S.; Marshall v. State, 310 So.2d 55 (Fla. 2d DCA 1975). AFFIRMED in part, REVERSED and WIGGINTON and ALLEN, JJ., concur. ...