Thomas v. State, No. 92-03418

CourtCourt of Appeal of Florida (US)
Writing for the CourtALTENBERND; CAMPBELL, A.C.J., and BLUE
Citation611 So.2d 600
Decision Date06 January 1993
Docket NumberNo. 92-03418
Parties18 Fla. L. Week. D235 John Henry Joseph THOMAS, Jr., Appellant, v. STATE of Florida, Appellee.

Page 600

611 So.2d 600
18 Fla. L. Week. D235
John Henry Joseph THOMAS, Jr., Appellant,
v.
STATE of Florida, Appellee.
No. 92-03418.
District Court of Appeal of Florida,
Second District.
Jan. 6, 1993.

Page 601

ALTENBERND, Judge.

John Henry Joseph Thomas, Jr., appeals the order that partially denied his motion for jail time credit. We reverse and remand for further proceedings.

This defendant filed his "motion to allow credit for jail time" alleging that he had been incarcerated on these charges since August 19, 1988. He claims that he was initially held in the Pasco County Jail, and that he was thereafter transferred to the Hillsborough County Jail for sentencing on other charges that were pending in that county. He understood that he was to be returned to Pasco County immediately following his sentencing in Hillsborough County. Instead, he was sent to a Department of Corrections facility in October 1988. He was not returned to Pasco County on these pending charges until May 20, 1991. He requested jail credit from July 27, 1988, until May 20, 1991. 1

The trial court entered an order on Mr. Thomas's motion explaining that the warrant for his arrest in this case was issued on December 20, 1988, when he was already in DOC custody. A detainer was not placed on the defendant for the Pasco County charges until April 11, 1990. He was formally arrested on these charges on May 16, 1991, and sentenced on May 20, 1991. In the initial sentence, the trial court had given Mr. Thomas only 4 days' jail credit, i.e., May 16 to May 20. In the appealed order, the trial court amended the sentence and granted jail credit from the issuance of the detainer. Thus, the jail credit was increased to 405 days. The defendant appeals, seeking additional credit for the period between July 27, 1988, and April 11, 1990.

I.

We note that the defendant's unsworn motion recites that it is filed pursuant to section 921.161(1), Florida Statutes (1991). It does not indicate whether it is filed pursuant to Florida Rule of Criminal Procedure 3.800(a) or 3.850. The case law reflects some ambiguity as to which rule of criminal procedure should be employed to file a motion for jail credit. See Martin v. State, 525 So.2d 901 (Fla. 5th DCA 1988); Sanders v. State, 579 So.2d 326 (Fla. 5th DCA 1991); Morgan v. State, 557 So.2d 605 (Fla. 1st DCA 1990). The Fifth District has expressly recognized that either motion may be appropriate. See Sanders. Depending on the circumstances, this...

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29 practice notes
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 March 1998
    ...DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 June 1998
    ...DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 ......
  • Thomas v. State, No. 93-345
    • United States
    • Court of Appeal of Florida (US)
    • 23 February 1994
    ...DCA 1987); Inclima v. State, 625 So.2d 978 (Fla. 5th DCA 1993); Littlejohn v. State, 616 So.2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993); Hayes v. State, 610 So.2d 737 (Fla. 2d DCA 1993); Sampson v. State, 598 So.2d 211 (Fla. 2d DCA 1992); Terry v. State, 567......
  • Brown v. State, No. 93-03533
    • United States
    • Court of Appeal of Florida (US)
    • 11 March 1994
    ...557 So.2d 199 (Fla. 2d DCA 1990) (imposing more than remaining balance of a true split sentence on probation violation); Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993) (most errors in jail credit, determinable from records readily available to the court, result in illegal sentences); Osp......
  • Request a trial to view additional results
29 cases
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • 24 March 1998
    ...DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 ......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • 11 June 1998
    ...DCA 1994); Handford v. State, 637 So.2d 958 (Fla. 2d DCA 1994); Thomas v. State, 634 So.2d 175, 177 (Fla. 1st DCA 1994); Thomas v. State, 611 So.2d 600, 601 (Fla. 2d DCA 1993). While recognizing, as Judge Altenbernd had pointed out in his en banc opinion in Judge v. State, 596 So.2d 73, 77 ......
  • Thomas v. State, No. 93-345
    • United States
    • Court of Appeal of Florida (US)
    • 23 February 1994
    ...DCA 1987); Inclima v. State, 625 So.2d 978 (Fla. 5th DCA 1993); Littlejohn v. State, 616 So.2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993); Hayes v. State, 610 So.2d 737 (Fla. 2d DCA 1993); Sampson v. State, 598 So.2d 211 (Fla. 2d DCA 1992); Terry v. State, 567......
  • Brown v. State, No. 93-03533
    • United States
    • Court of Appeal of Florida (US)
    • 11 March 1994
    ...557 So.2d 199 (Fla. 2d DCA 1990) (imposing more than remaining balance of a true split sentence on probation violation); Thomas v. State, 611 So.2d 600 (Fla. 2d DCA 1993) (most errors in jail credit, determinable from records readily available to the court, result in illegal sentences); Osp......
  • Request a trial to view additional results

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