Penny v. State, 1D99-4101.
| Decision Date | 16 August 2000 |
| Docket Number | No. 1D99-4101.,1D99-4101. |
| Citation | 778 So.2d 305 |
| Parties | William R. PENNY, Jr., Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William R. Penny, Jr., Pro Se, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
Appellant appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion for correction of an illegal sentence. We reverse.
Appellant alleged that, pursuant to Pearson v. State, 538 So.2d 1349 (Fla. 1st DCA 1989), he was entitled to as many as 428 more days of jail credit for the sentences imposed following his violation of probation. While he was on probation for crimes committed in Escambia County, Appellant was arrested for new crimes in Holmes County. From the attachments to Appellant's motion and the Clerk's docket attached by the trial court, it appears that Escambia County issued a warrant for Appellant's arrest for violation of probation on July 16, 1996. Also, there is a signed Sentencing Recommendation from the Assistant State Attorney from Holmes County indicating that Escambia County had a hold placed on him while he was awaiting adjudication in Holmes County.
Appellant entered a plea in the Holmes County cases in exchange for a time-served sentence of 428 days plus three years of probation. Having completed his jail time in Holmes County, Appellant was then arrested by Escambia County deputies on June 4, 1997. At his VOP hearing, the trial court acknowledged that the warrant had been issued on July 16, 1996, and the statement from the Assistant State Attorney was discussed. However, when Appellant was sentenced, he received jail credit only for the time he spent in the Escambia County jail.
The trial court found that Pearson did not apply because the record did not indicate that Holmes County had ever received the warrant before Appellant was arrested on June 4, 1997. However, its attachments to the order do not refute Appellant's citation to the Sentencing Recommendation and the trial court's own statements which were made at the violation of probation hearing. The record indicates that the warrant was issued on July 16, 1996. Finally, the fact that Appellant was not officially arrested until after sentencing in Holmes County has no bearing on his right to jail credit while under Escambia County's hold. See Travis v. State, 724 So.2d 119 (Fla. 1st DCA 1998)
. The record before this court indicates an entitlement to as many as 323...
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Gethers v. State
...4th DCA 2001), which certified conflict with the opinions in Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001), and Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons set forth below, we approve the Fourth District's de......
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Bryant v. State, 2D00-2151.
...credit should be awarded from the date a detainer was issued or the date a defendant was actually arrested. Compare Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000) (holding defendant entitled to credit while under another county's hold even if not officially arrested), and Travis v. State......
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Trapkin v. State, 4D02-2412.
...DCA 2001), review granted, 817 So.2d 846 (Fla. Apr.16, 2002). But see Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001); Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000). However, as Appellant's motion seemed to assert that he was arrested in the Dade County jail for the violation of commun......
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Gethers v. State, 4D00-2942.
...A and a hold or detainer is placed on the defendant by county B. See Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001); Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000). Both cases hold that a defendant is entitled to credit against a county B sentence for all time spent in county A's jail ......