Thomas v. State, 92-1162

Citation612 So.2d 684
Decision Date22 January 1993
Docket NumberNo. 92-1162,92-1162
Parties18 Fla. L. Week. D345 Paul THOMAS a/k/a Harold F. Burr, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence imposed after violation of probation. The pertinent facts here are similar to those in Wilson v. State, 603 So.2d 93 (Fla. 5th DCA1992). The sentencing court did not give full credit to this appellant for all time served, both pre-violation and pending sentence for violation. Therefore, we must vacate the sentence and remand for resentencing. Sentencing is the obligation of the court, not the department of corrections; so any reliance upon the jailers to compute properly the time served is an improper relinquishment of authority and duty of the judiciary to the executive.

This is not to say that the court cannot consider input from the department, or appellant for that matter, before final computation and determination of the credit for time served.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

GOSHORN, C.J., and DIAMANTIS, J., concur.

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9 cases
  • Pearson v. Moore, 1D99-2520.
    • United States
    • Florida District Court of Appeals
    • August 14, 2000
    ...also Hudson, 682 So.2d at 658 n. 1. Sentencing is a power, obligation, and prerogative of the courts, not DOC. See Thomas v. State, 612 So.2d 684, 684 (Fla. 5th DCA 1993); Wilson, 603 So.2d at Accordingly, we grant the petition for writ of certiorari, quash the order below, and remand for f......
  • Hudson v. State, 96-1927
    • United States
    • Florida District Court of Appeals
    • November 6, 1996
    ...conditions to a sentence. This is a court function. See Slay v. Singletary, 676 So.2d 456 (Fla. 1st DCA 1996); Thomas v. State, 612 So.2d 684 (Fla. 5th DCA 1993); Wilson v. State, 603 So.2d 93 (Fla. 5th DCA 1992).2 We recognize conflict with other districts on this point, see White v. State......
  • Lancaster v. State, 94-2471
    • United States
    • Florida District Court of Appeals
    • June 7, 1995
    ...However, to the extent that the cases relied on by defendant, Branton v. State, 646 So.2d 791 (Fla. 2d DCA 1994), and Thomas v. State, 612 So.2d 684 (Fla. 5th DCA 1993), could be interpreted to hold that the trial court may not delegate to the Department of Corrections the task of determini......
  • Branton v. State, 94-03056
    • United States
    • Florida District Court of Appeals
    • December 2, 1994
    ...the sentencing court to assure compliance with Green and Tripp, the instant case must be remanded for resentencing. See Thomas v. State, 612 So.2d 684 (Fla. 5th DCA 1993); Wilson v. State, 603 So.2d 93 (Fla. 5th DCA Accordingly, the instant case is reversed and remanded. CAMPBELL, A.C.J., a......
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