Singletary v. Slay, No. 88,359

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM
Citation688 So.2d 319
Docket NumberNo. 88,359
Decision Date06 February 1997
Parties22 Fla. L. Weekly S55 Harry K. SINGLETARY, Jr., Secretary, Department of Corrections, Petitioner, v. Genorval SLAY, Respondent.

Page 319

688 So.2d 319
22 Fla. L. Weekly S55
Harry K. SINGLETARY, Jr., Secretary, Department of Corrections, Petitioner,
v.
Genorval SLAY, Respondent.
No. 88,359.
Supreme Court of Florida.
Feb. 6, 1997.

Susan A. Maher, Deputy General Counsel, Department of Corrections, Tallahassee, for Petitioner.

No appearance for Respondent.

PER CURIAM.

We have for review Slay v. Singletary, 676 So.2d 456 (Fla. 1st DCA 1996). We accepted jurisdiction to answer the following question certified to be of great public importance:

WHEN A DEFENDANT IS RESENTENCED AFTER VIOLATING THE PROBATIONARY PORTION OF A SPLIT SENTENCE IMPOSED FOR A CRIME OCCURRING PRIOR TO OCTOBER 1, 1989, IS THE SENTENCING COURT'S AWARD OF "CREDIT FOR ALL TIME SERVED ON THIS COUNT IN THE DEPARTMENT OF CORRECTIONS PRIOR TO RESENTENCING" SUFFICIENT TO EFFECT THE AWARD OF CREDIT FOR TIME ACTUALLY SERVED AS WELL AS UNFORFEITED GAIN-TIME TO WHICH AN ENTITLEMENT EXISTS UNDER STATE V. GREEN, 547 So.2d 925 (Fla.1989)?

Id. at 457-58. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Respondent Genorval Slay violated his probation after serving the incarcerative portion of his original split sentence. 676 So.2d at 457. On resentencing, the trial court used the standard form provided in Florida Rule of Criminal Procedure 3.986 and awarded "credit for all time previously served on this

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count in the Department of Corrections prior to resentencing." Id. Slay subsequently petitioned for a writ of habeas corpus in which he alleged that the Department of Corrections (DOC) failed to allow him credit for gain time awarded during the incarcerative portion of his original split sentence. After the petition was denied, Slay appealed to the First District which vacated the trial court's order denying Slay's petition, reasoning that the sentencing provision in Florida Rule of Criminal Procedure 3.986 allows "the defendant credit for time actually served as well as earned gain time to which an entitlement exists under Green." Id. 1

We recently addressed this precise issue in Forbes v. Singletary, 684 So.2d 173 (Fla.1996). 2 In Forbes, we explained that "in the absence of language to the contrary, it must be assumed that the sentencing judge's order that Forbes 'be allowed credit for all time previously served ... in the Department of Corrections prior to resentencing' contemplated that Forbes should receive credit for unforfeited gain time." Id. at 173 (footnote omitted). Consequently, we found...

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14 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...456 (Fla. 1st DCA 1996) (en banc decision released by general division after publication and withdrawal of panel decision), approved by 688 So.2d 319 (Fla.1997); Jenkins v. State, Dep't of Health & Rehab. Servs., 618 So.2d 749 (Fla. 1st DCA 1993) (en banc decision on rehearing vacating and ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...456 (Fla. 1st DCA 1996) (en banc decision released by general division after publication and withdrawal of panel decision), approved by 688 So.2d 319 (Fla.1997); Jenkins v. State, Dep't of Health & Rehab. Servs., 618 So.2d 749 (Fla. 1st DCA 1993) (en banc decision on rehearing vacating and ......
  • Brown v. State, No. 4D13–3330.
    • United States
    • Court of Appeal of Florida (US)
    • September 23, 2013
    ...to a violation of probation under a split sentence. Layman v. State, 787 So.2d 44, 45 (Fla. 2d DCA 2001) (citing Singletary v. Slay, 688 So.2d 319 (Fla.1997), and Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999)). It is well-settled that a court's failure to check the prison credit box—w......
  • Hall v. Moore, No. 1D00-931.
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 2001
    ...of a sentence or to add or delete sentencing conditions."); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla.1997) ("[T]he Department of Corrections lacks the authority to correct an illegal sentence or render the illegality harmless."); Wilson......
  • Request a trial to view additional results
14 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...456 (Fla. 1st DCA 1996) (en banc decision released by general division after publication and withdrawal of panel decision), approved by 688 So.2d 319 (Fla.1997); Jenkins v. State, Dep't of Health & Rehab. Servs., 618 So.2d 749 (Fla. 1st DCA 1993) (en banc decision on rehearing vacating and ......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...456 (Fla. 1st DCA 1996) (en banc decision released by general division after publication and withdrawal of panel decision), approved by 688 So.2d 319 (Fla.1997); Jenkins v. State, Dep't of Health & Rehab. Servs., 618 So.2d 749 (Fla. 1st DCA 1993) (en banc decision on rehearing vacating and ......
  • Brown v. State, No. 4D13–3330.
    • United States
    • Court of Appeal of Florida (US)
    • September 23, 2013
    ...to a violation of probation under a split sentence. Layman v. State, 787 So.2d 44, 45 (Fla. 2d DCA 2001) (citing Singletary v. Slay, 688 So.2d 319 (Fla.1997), and Steele v. State, 733 So.2d 1117 (Fla. 4th DCA 1999)). It is well-settled that a court's failure to check the prison credit box—w......
  • Steele v. State, No. 99-0300.
    • United States
    • Court of Appeal of Florida (US)
    • May 26, 1999
    ...be given credit for time previously served in prison, to be determined by the Department of Corrections ("DOC"). See Singletary v. Slay, 688 So.2d 319 (Fla.1997) (a sentencing order awarding credit for all time previously served is sufficient to alert DOC that the prisoner is entitled to cr......
  • Request a trial to view additional results

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