Meintzer v. State
| Decision Date | 10 June 1981 |
| Docket Number | 79-202,Nos. 79-201,s. 79-201 |
| Citation | 399 So.2d 133 |
| Parties | Frank Thomas MEINTZER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender and Charles D. Peters, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Phillip D. Havens and James D. Crock, Asst. Attys. Gen., Daytona Beach, for appellee.
Appellant was placed on probation for two offenses for a term of five years with the condition that he serve 51 weeks in the county jail. Over a year later his probation in this case was revoked as violated and he was sentenced to four years in prison "with credit for time served since August 17, 1979, only." Apparently appellant was in confinement on the probation violation charge after the August 17, 1979, date. This appeal challenges the sufficiency of the factual basis for the revocation of probation and claims that appellant was denied credit against his prison sentence for the 51 weeks spent in jail as a condition of his probation.
We find there is substantial competent evidence supporting the trial court's finding that appellant violated one or more conditions of his probation and the revocation of his probation is affirmed.
Section 921.161(1), Florida Statutes (1979), requires that the court imposing a sentence allow a defendant credit for all of the time he spent in the county jail before sentence. If, as here, a defendant is first put on probation with the condition that he serve certain time in the county jail and he serves that time and later violates his probation and is then sentenced to prison he is entitled to credit against his prison sentence for the time served in the county jail as a condition of probation. State v. Jones, 327 So.2d 18 (Fla.1976); Hutchinson v. State, 360 So.2d 1160 (Fla. 1st DCA 1978). Perhaps the trial court gave appellant credit for actual jail time served on the sentence on the other separate and distinct conviction. Or perhaps in this case the trial court in effect gave appellant credit for the 51 weeks of jail time by imposition of a four year prison sentence rather than the maximum fifteen years authorized by section 775.082(3)(c), Florida Statutes (1979), for a violation of section 893.13(1)(a)1, Florida Statutes (1979), the second degree felony to which appellant originally pled guilty. However, credit cannot be given in this manner, see Hernandez v. State, 396 So.2d 809 (Fla. 5th DCA 1981), because it causes a problem when, as here, an appellant contends that he did not receive the credit to which he is...
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Walcott v. State
...a conviction, may the error be first presented on direct appeal or must it be presented under Rule 3.850 (see, e.g., Meintzer v. State, 399 So.2d 133 (Fla. 5th DCA 1981))? Even before Rhoden some cases had declined to apply the contemporaneous objection rule to sentencing errors found to co......
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Martin v. State, 87-519
...The determination of the proper amount of credit for time served pursuant to section 921.161(1), as explained in Meintzer v. State, 399 So.2d 133 (Fla. 5th DCA 1981), is a question of fact and normally can only be determined after an evidentiary hearing. Accordingly, we reverse and remand f......
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Green v. State, 83-1228
...for the correction of an illegal sentence. A motion under Rule 3.850 is also appropriate to secure jail time credit. Meintzer v. State, 399 So.2d 133 (Fla. 5th DCA 1981). However, because Rule 3.800(a) relates only to the correction of an illegal sentence it is not appropriate as the basis ......