ANTHONY SMALL, JR.
v.
STATE OF FLORIDA

Fla. 4th DCA | 2026-04-01
No. 2025-3217
2026 FL 3679 Florida District Court of Appeal, Fourth District (2026)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

When a defendant is convicted of multiple offenses and sentenced to consecutive terms of imprisonment, all presentence jail credit must be awarded only to the first of the consecutive sentences, not split among the counts. The trial court erred in awarding 105 days of credit to count one and 365 days to count two when the defendant was entitled to 470 days total credit on count one alone.


Headnotes

[1] When a defendant is convicted of multiple offenses and sentenced to consecutive terms of imprisonment, all presentence jail credit must be awarded only on the first of th…

[2] A sentence that applies jail credit to each consecutive sentence is not a valid sentence and constitutes reversible error requiring correction on remand.

Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“a defendant who is convicted of multiple offenses and sentenced to consecutive terms of imprisonment must be given presentence jail credit only on the first of the consecutive sentences.”

Establishes the controlling legal principle that jail credit for pre-sentence time served applies only to the first consecutive sentence, not to subsequent consecutive sentences.

Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Anthony Small, Jr. was sentenced in case number 432023CF000829A to 60 months in prison for count one (possession of a substituted cathinone) and 365 d…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

ANTHONY SMALL, JR., Appellant,

V.

STATE OF FLORIDA, Appellee.

No. 4D2025-3217

[April1, 2026]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William Loy Roby, Judge; L.T. Case Nos. 432023000829CFAXMX, 432023001108CFAXMX, and 432024000047CFAXMX.

Anthony Small, Jr., Milton, pro se.

James Uthmeier, Attorney General, Tallahassee, and Sabina Fernandez, Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

PER CURIAM.

Defendant, Anthony Small, Jr., appeals a trial court's order on his Florida Rule of Criminal Procedure 3.801 motion for correction of jail credit. We find error as to only one of the three sentences at issue below.1

The State conceded error below, asserting that the trial court should have awarded Defendant 470 days' credit on count one.2 Dep't of Corrs., 967 So. 2d 412, 415-16 (Fla. 1st DCA 2007) (“[A] defendant who is convicted of multiple offenses and sentenced to consecutive terms of imprisonment must be given presentence jail credit only on the first of the consecutive sentences.”) (emphasis added) (citations omitted); Steadman v. State, 23 So. 3d 811, 813 (Fla. 2d DCA 2009) (determining that a defendant who receives consecutive sentences “must be given presentence jail credit only on the first of the consecutive sentences”) (emphasis added) (citations omitted); Kopson v. State, 162 So. 3d 93, 96 (Fla. 4th DCA 2014) (acknowledging that a sentence applying jail credit to each consecutive sentence is not a valid sentence, rather, jail credit must be awarded to only the first of consecutive sentences).

Accordingly, we reverse and remand for correction of jail credit as to case number 432023CF000829A to reflect 470 days of credit on count one.

Affirmed in part, reversed in part and remanded.

MAY, FORST and KLINGENSMITH, JJ., concur. * * *

Footnotes
1 As to lower court case number 432023CF000829A, the trial court erroneously split pre-sentence jail credit between two counts ordered to run consecutively, when credit should have been awarded only on count one. We therefore reverse and remand for correction of the judgment and sentence for case number 432023CF000829A. We affirm without comment the other two sentences. In case number 432023CF000829A, the trial court sentenced Defendant to 60 months in prison for count one (possession of a substituted cathinone) and 365 days for count two (driving with license suspended with a prior conviction) to run consecutively. Although Defendant was entitled to 470 days' credit for time served, the trial court split the total credit by awarding 105 days for count one and 365 days for count two.
2 This is correct. See Canete v. Fla.

Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw