Pearson v. State, 88-1309
| Decision Date | 22 February 1989 |
| Docket Number | No. 88-1309,88-1309 |
| Citation | 538 So.2d 1349,14 Fla. L. Weekly 535 |
| Parties | 14 Fla. L. Weekly 535 Steven Wayne PEARSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender; Paula S. Saunders, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., Walter M. Meginniss, Asst. Atty. Gen., for appellee.
Appellant appeals from summary denial of his Rule 3.800 motion in which appellant complains that the sentences imposed failed to award the amount of jail time credit to which he was legally entitled. We agree and reverse.
Appellant was originally placed on probation on June 8, 1987 on the subject charges (grand theft and battery) in Columbia County. 1 Thereafter, he was arrested for new offenses committed in Hamilton County where he was held in the county jail on those new charges. Pursuant to an affidavit executed on June 26, 1987, charging the appellant with a violation of probation, a warrant was issued therefor. By letter dated July 30, 1987, the Sheriff of Columbia County forwarded the probation violation warrant to the Sheriff of Hamilton County advising the latter to take appellant into custody and to hold him without bond for Columbia County. A copy of such letter was attached to appellant's subject 3.800 motion and bears the mark of a rubber stamp indicating that the letter was received by the Hamilton County Sheriff's office on August 3, 1987. The letter also bears the handwritten notation: "Please put in Jail File." Appellant claims to have been continuously held in the Hamilton County Jail on both the new charges as well as the "hold" from Columbia County until he was sentenced on the Hamilton County cases. 2 Thereafter, he was transported to Columbia County for disposition of the probation violation charge.
On November 16, 1987, the Columbia County Circuit Court revoked probation as to both counts and imposed sentences of incarceration as to both offenses, to run concurrent with each other and concurrent with the above referred Hamilton County sentence. On the Columbia County sentences, appellant was given only two days jail credit, apparently representing the two days on which the appellant was held in the Columbia County Jail immediately preceding the revocation and sentencing. Although appellant was given credit on the Hamilton County sentences for the time spent in the Hamilton County Jail, he claims he was also entitled to be credited for that...
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Gethers v. State
...or issued to another county and that county incarcerates the defendant on unrelated charges, the defendant, as in Pearson v. State, 538 So.2d 1349 (Fla. 1st DCA 1989), is deemed to be in custody on the warrants from both counties and therefore entitled to jail credit on concurrent Travis, 7......
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Price v. State, 92-205
...with the 5 year sentence imposed in Alachua County on February 26, 1991 in which 129 days credit was given. In Pearson v. State, 538 So.2d 1349 (Fla. 1st DCA 1989), the court addressed a similar situation. The defendant in Pearson was on probation for a Columbia County conviction when he co......
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Bryant v. State, 2D00-2151.
...is transmitted or issued to another county and that county incarcerates the defendant on unrelated charges), and Pearson v. State, 538 So.2d 1349, 1350 (Fla. 1st DCA 1989) (holding that where first county's warrant was transmitted to second county that was holding defendant in jail, "defend......
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Tharpe v. State, 99-98.
...cases for time served subsequent to the date of the arrest. See Daniels v. State, 491 So.2d 543, 544 (Fla.1986); Pearson v. State, 538 So.2d 1349, 1350 (Fla. 1st DCA 1989). The order summarily denying postconviction relief is reversed, and the cause remanded for a determination whether the ......