Nelson v. State, 1D14–2789.
Decision Date | 14 October 2014 |
Docket Number | No. 1D14–2789.,1D14–2789. |
Citation | 148 So.3d 173 |
Parties | Christopher NELSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Christopher Nelson, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.
The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.801 seeking additional jail credit. For the reasons discussed below, we reverse and remand.
The appellant alleged an entitlement to 52 additional days of credit for time spent in the “ART Program” as a condition of his probation. Specifically, he asserts that the trial court orally pronounced that he was to be given credit for all time he spent in the ART program. The trial court ruled that the appellant was actually awarded more credit that he was entitled to receive, and that he was not entitled to credit for the 52 days he spent in the ART program because that was a condition of his probation. See § 948.06(3), Fla. Stat. (2010) (); State v. Cregan, 908 So.2d 387, 390–91 (Fla.2005) ( ).
The appellant attached a transcript of his sentencing hearing, which includes the following exchanges:
(emphasis added).
Regardless of whether the appellant is entitled to the credit under pursuant to the Florida Statutes, he is alleging that the trial court orally...
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...had the discretion to award the credit ... and the transcript clearly indicate[d] that intent." Id.2 ; see also Nelson v. State , 148 So. 3d 173, 174 (Fla. 1st DCA 2014) (holding that the oral pronouncement of the award of jail credit controls over the written sentence regardless of whether......
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Parker v. State, 1D17-3758
...of sentence controls over the written document." Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003); see also Nelson v. State, 148 So. 3d 173, 174 (Fla. 1st DCA 2014) (citing Ashley and reaffirming that "[t]he oral pronouncement of sentence controls over the written sentence"). "To hold oth......
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Tillman v. State
... ... had the discretion to award the credit ... and the ... transcript clearly ... indicate[d] that intent." Id.[2]; see also Nelson v ... State, 148 So.3d 173, 174 (Fla. 1st DCA 2014) (holding ... that the oral pronouncement of the award of jail credit ... ...
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