Miles v. State
| Decision Date | 18 September 1968 |
| Docket Number | No. 68--18,68--18 |
| Parties | Tommy Lee MILES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert E. Jagger, Public Defender, and Carleton L. Weidemeyer, Asst. Public Defender, Clearwater, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.
Defendant is appealing a judgment and sentence entered upon his plea of guilty to the charge of manslaughter. The defendant was charged with second degree murder. On the day of trial, defendant appeared with counsel and plead guilty to the crime of manslaughter. The trial judge, after an investigation of defendant's background and of the facts of the case, sentenced defendant to twenty years imprisonment. Furthermore, the judge, stated that defendant would not receive credit for time served in jail prior to entry of judgment and sentence. Under § 782.07, Florida Statutes, F.S.A., the maximum term of detention that can be imposed for the crime of manslaughter is twenty years. The defendant contends that this maximum was erroneously exceeded due to the trial court's failure to credit him for time spent in jail prior to entry of judgment and sentence.
Florida Statute § 921.61(1), F.S.A. provides:
A reading of the above quoted statute discloses that the decision concerning credit for jail time is one of judicial discretion and the defendant is not entitled, as a matter of right, to credit for such time. See 24B C.J.S. Criminal Law § 1995(5). The statute further discloses that the sentence of imprisonment cannot 'begin running at any time prior to the date it is imposed.' Therefore, defendant's term of imprisonment begins upon sentencing and time spent by defendant in jail prior to sentencing is not a part of that sentence unless credit is expressly given by the trial judge.
The defendant's other contention has been considered and found to be...
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O'Malley v. Wainwright, 70--324
...Court trials, and sentencing, amounting in all to 402 days, according to his computation. This 2nd District Court, in Miles v. State, Fla.App.1968, 214 So.2d 101, held that 'defendant's term of imprisonment begins upon sentencing and time spent by defendant in jail prior to sentencing is no......
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Gelis v. State, 72-565
...Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee. PER CURIAM. Since this court decided Miles v. State, Fla.App.2d 1968, 214 So.2d 101 and Albury v. State, Fla.App.2d 1971, 246 So.2d 141, it has become clear that one sentenced to a maximum term must be give......
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Albury v. State, 70--727
...L. Shevin, Atty. Gen., Tallahassee, and P. A. Pacyna, Asst. Atty. Gen., Lakeland, for appellee. PER CURIAM. Affirmed. See Miles v. State, Fla.App.1968, 214 So.2d 101. PIERCE, C.J., and HOBSON, J., concur. MANN, J., dissents with opinion. MANN, Judge (dissenting). Miles v. State, Fla.App.196......
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Anderson v. Wainwright, 72-452
...Fourth District. June 30, 1972. Ordered pro se Petition for Writ of Habeas Corpus filed here in May 5, 1972 is denied. See Miles v. State, Fla.App.1968, 214 So.2d 101; Albury v. State, Fla.App.1971, 246 So.2d 141 and Presha v. State, Fla.App.1968, 216 So.2d ...