Stevens v. State, No. 94-1624

CourtCourt of Appeal of Florida (US)
Writing for the CourtDAUKSCH
Citation651 So.2d 1298
Parties20 Fla. L. Weekly D707 Derek STEVENS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 94-1624
Decision Date17 March 1995

Page 1298

651 So.2d 1298
20 Fla. L. Weekly D707
Derek STEVENS, Appellant,
v.
STATE of Florida, Appellee.
No. 94-1624.
District Court of Appeal of Florida,
Fifth District.
March 17, 1995.

Page 1299

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Allison Leigh Morris, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This appeal involves four lower court cases. Derek Stevens a/k/a Earnest Hughes, Jr., appellant, argues that the trial court erred by failing to grant his motion to allow credit for 274 days time served in all four cases. According to the record provided to this court, appellant was arrested: in Case No. 91-5480 on October 13, 1993, in Case No. 92-30649 on September 19, 1993, for violation of probation, in Case No. 93-32935 on June 28, 1993, and in Case No. 93-34081 on September 7, 1993. At appellant's sentencing hearing held on April 6, 1994, appellant informed the trial court that he had been in custody for approximately six and one-half months. No other evidence was presented to this court as to whether appellant remained incarcerated after each of his arrests. Appellant received 274 days credit for Case No. 92-30649, 178 days credit for Case No. 91-5480, one day of credit for Case No. 93-34081, and one day of credit for Case No. 93-32935.

Section 921.161(1), Florida Statutes (1993) provides that "the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence." This court has recognized that when a defendant receives concurrent sentences, the credit must be applied to each of the concurrent sentences. However, when a defendant does not spend the same time in jail awaiting sentence on each of the several offenses because the defendant was arrested for each offense on a different date, the defendant may have earned more jail time credit against one sentence than another. Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992). Because appellant was arrested for four different cases at different times, appellant was not entitled to 274 days of credit for all four cases. It is not clear from the record, however, that the credit appellant received on each case is correct.

Appellee argues that the trial court's order is legally correct because an award of credit after sentencing is a matter for the Department of Corrections. This court in Henderson v....

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9 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA 1994); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 19......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA [1994] ); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994......
  • Hagley v. State, No. 5D12–4195.
    • United States
    • Court of Appeal of Florida (US)
    • June 6, 2014
    ...on different dates, he would not be entitled to have his jail time credit applied equally to each concurrent sentence. Stevens v. State, 651 So.2d 1298, 1299 (Fla. 5th DCA 1995) (holding defendant was not entitled to same credit for all four cases where he was arrested at different times fo......
  • Diggs v. State, No. 98-3234.
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1999
    ...the violation of probation in Case No. 91-60, the order must also be reversed and the case remanded on this point. See Stevens v. State, 651 So.2d 1298 (Fla. 5th DCA 1995); Davis v. State, 543 So.2d 437 (Fla. 2d DCA REVERSED and REMANDED for further proceedings. BARFIELD, C.J., ERVIN and JO......
  • Request a trial to view additional results
9 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...See, e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA 1994); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 19......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...e.g., Jones v. State, 635 So.2d 41, 42-43 (Fla. 1st DCA [1994] ); Carver v. State, 653 So.2d 510 (Fla. 4th DCA 1995); Stevens v. State, 651 So.2d 1298, 1299-1300 (Fla. 5th DCA 1995); Rouse v. State, 643 So.2d 1159, 1160 (Fla. 1st DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994......
  • Hagley v. State, No. 5D12–4195.
    • United States
    • Court of Appeal of Florida (US)
    • June 6, 2014
    ...on different dates, he would not be entitled to have his jail time credit applied equally to each concurrent sentence. Stevens v. State, 651 So.2d 1298, 1299 (Fla. 5th DCA 1995) (holding defendant was not entitled to same credit for all four cases where he was arrested at different times fo......
  • Diggs v. State, No. 98-3234.
    • United States
    • Court of Appeal of Florida (US)
    • February 18, 1999
    ...the violation of probation in Case No. 91-60, the order must also be reversed and the case remanded on this point. See Stevens v. State, 651 So.2d 1298 (Fla. 5th DCA 1995); Davis v. State, 543 So.2d 437 (Fla. 2d DCA REVERSED and REMANDED for further proceedings. BARFIELD, C.J., ERVIN and JO......
  • Request a trial to view additional results

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