EVELIO LAZARO DELTORO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that trusty gain time earned in county jail does not apply to sentences served in the Department of Corrections.
DelToro, serving a drug trafficking sentence, sought credit for 330 days served in county jail and an additional 246 days of "trusty gain time." He wa…
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[*52] PER CURIAM.
Evelio DelToro appeals the summary denial of his “motion to allow credit for county jail time,” which we construe as a mo- . tion to correct sentence. We affirm.
DelToro is serving a 17-year sentence for drug trafficking. Prior to sentencing he served 330 days in county jail, for which he was given credit. However, he also claims to have earned 246 days of “trusty gain time” due to services rendered while a county prisoner. Apparently drawing analogy to State v. Green, 547 So. 2d 925 (Fla.1989), he would like this additional credit applied against his sentence.
While section 951.21, Florida Statutes (1989), authorizes awards of gain time to county prisoners, we believe the statute is intended to apply only to county jail sentences, and not to pretrial detainees such as DelToro who ultimately are transferred to the custody of the Department of Corrections. Commutation of time under section 951.21 is to be granted by the local board of county commissioners; we can find no authority, and DelToro suggests none, making their recommendations binding upon the Department. In fact, one of DelToro’s own exhibits, a letter from jail personnel expressing their “hope” that the Department will recognize DelToro’s contributions while a jail trusty, supports our conclusion that such an award would be at best discretionary.
Affirmed.
SCHOONOVER, C.J., and RYDER and DANAHY, JJ., concur.
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Gaston v. State, 613 So. 2d 496 (Fla. 2d DCA 1993)…is this order, styled “Order vacating order of September 3, 1991,” that Gaston appeals. As pointed out in the Department’s pleadings, our court agrees there is no requirement that the Department award credit for county gain time. DelToro v. State, 584 So. 2d 51 (Fla. 2d DCA), rev. dismissed, 591 So. 2d 180 (Fla.1991). Nevertheless, the peculiar and perhaps unique facts of this case suggest this was not the true intent of the vacated 1991 order. Instead, Gaston construes that order in what we deem is a reas…
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Williams v. State, 677 So. 2d 408 (Fla. 3d DCA 1996)…[*409] PER CURIAM. Affirmed. Langley v. Singletary, 645 So. 2d 961 (Fla.1994); DelToro v. State, 584 So. 2d 51 (Fla. 2d DCA 1991).…
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Pritchard v. State, 152 So. 3d 31 (Fla. 5th DCA 2014)…PER CURIAM. AFFIRMED. See DelToro v. State, 584 So. 2d 51 (Fla. 2d DCA1991). TORPY, C.J., ORFINGER and LAMBERT, JJ., concur.…
Authorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)