Wilder v. State, 2D99-3975.
| Decision Date | 08 March 2000 |
| Docket Number | No. 2D99-3975.,2D99-3975. |
| Citation | 753 So.2d 655 |
| Parties | Michael WILDER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael Wilder appeals the summary denial of his amended motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Wilder asserts that his sentence is illegal because he did not receive credit for time spent in the Hernando County Jail prior to being transferred to Pinellas County, where he was convicted and sentenced in this case. Wilder contends that the trial court should have awarded him seventy-four days of jail credit, instead of only twenty-five days. He asserts that this error is apparent from the face of the record.
Wilder's claim is cognizable in a rule 3.800(a) motion. See State v. Mancino, 714 So.2d 429, 433 (Fla.1998)
(). The trial court denied relief because Wilder failed to prove that the time he spent in the Hernando County Jail was attributable "solely" to the Pinellas County charge in this case. We reverse.
Wilder does not have to prove that the time spent in the Hernando County Jail was attributable "solely" to the Pinellas County charge before he can be awarded credit for that time. If Wilder was being held in the Hernando County Jail after an arrest warrant for the Pinellas County charge was served on him, he would be entitled to credit for time served in the Hernando County Jail in this case, if the sentences in the Hernando County cases and in this case were made to run concurrently. See Bank v. State, 632 So.2d 640, 641 (Fla. 2d DCA 1994)
(); Travis v. State, 724 So.2d 119, 120 (Fla. 1st DCA 1998) ().
Given the limited record before us, we cannot tell whether Wilder is entitled to additional jail credit. We do not know the date on which Wilder was served with the Pinellas County arrest warrant;...
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Bryant v. State, 2D00-2151.
...because not addressed by the parties). This court has not previously taken a firm position on the matter. See, e.g., Wilder v. State, 753 So.2d 655 (Fla. 2d DCA 2000) (holding defendant entitled to jail credit for time served in Hernando County if held on a Pinellas County arrest warrant wh......
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Wallace v. State, 4D01-1110.
...See Nelson v. State, 760 So.2d 240 (Fla. 4th DCA 2000) (citing Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999); Wilder v. State, 753 So.2d 655 (Fla. 2d DCA 2000), receded from on other grounds by Bryant v. State, 787 So.2d 68 (Fla. 2d DCA ...
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Nelson v. State, 4D00-1049.
...the defendant is entitled to additional credit for time served, Hidalgo v. State, 729 So.2d 984 (Fla. 3d DCA 1999); Wilder v. State, 753 So.2d 655 (Fla. 2d DCA 2000), because appellant's jail records may establish his entitlement to We, therefore, affirm the order below without prejudice to......
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Thompson v. State, 1D99-3850.
...issue and remand to allow further examination of the record. Nelson v. State, 760 So.2d 240 (Fla. 4th DCA 2000). See Wilder v. State, 753 So.2d 655 (Fla. 2d DCA 2000) (on remand the trial court should consult defendant's court file and jail records to determine whether he is entitled to add......