ERIC D. BANK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Eric Bank appealed the summary denial of his motion to correct his ten-year prison sentence, seeking approximately seven years in credit for time served in various custody situations. The Florida appellate court affirmed the denial of credit for time spent in county jail and under a detainer from another county, but reversed and remanded regarding gain-time credit that may have been improperly denied.
The court affirmed the denial of credit for time spent in custody outside Polk County, holding that Bank failed to demonstrate the time was attributable solely to Polk County charges and that multiple charges from different jurisdictions do not entitle a defendant to overlapping credit. However, the court reversed and remanded regarding gain-time credit, finding Bank presented a prima facie case under State v. Green that required further consideration by the trial court rather than referral to the Department of Corrections.
[1] A defendant is not entitled to overlapping credit for time spent in custody on multiple charges arising from different jurisdictions unless concurrent sentences are invol…
[2] A defendant must demonstrate that time spent in custody outside a particular county was attributable solely to charges from that county to receive credit for that time.
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Join FLexlaw to unlock all legal intelligence“unless concurrent sentences are involved, a defendant held on multiple charges arising from different jurisdictions is not entitled to overlapping credit”
Establishes the principle that justified affirming denial of credit for out-of-county custody time
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Join FLexlaw to unlock all legal intelligenceBank sought credit against his ten-year prison sentence for approximately seven years, citing several reasons including: several months spent in Colum…
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PER CURIAM.
Eric Bank appeals the summary denial of his motion to correct sentence. We affirm in part and reverse in part.
The motion demands credit of approximately seven years against Bank’s present prison sentence, which is ten years in duration. Various reasons are given for Bank’s entitlement to this .credit; few are pled with great specificity. For example, Bank indicates he spent several months in the Columbia County Jail due to a “no bond hold” from Polk County, and that a “formal detainer” was lodged against him for approximately a year while he was serving “an unrelated prison sentence.”
In some circumstances a defendant might be entitled to presentenee credit extending back to the filing of a detainer. See, e.g., Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993). However, as recognized in Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992), there is a distinction between the receipt of a detainer and arrest pursuant to a warrant. Moreover, unless concurrent sentences are involved, a defendant held on multiple charges arising from different jurisdictions is not entitled to overlapping credit. Daniels v. State, 491 So. 2d 543 (Fla.1986); Burner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981). Bank has not demonstrated that the time he spent in custody outside Polk County was attributable solely to the charges from that county. We therefore affirm the circuit court’s denial of this portion of Bank’s motion.
We do believe that Bank presents a prima facie showing of his entitlement to credit for gain-time pursuant to State v. Green, 547 So. 2d 925 (Fla.1989). Assuming Bank is correct in stating that his present prison sentence represents a violation of the probationary portion of a previous split sentence, the circuit court erred in holding that Bank must present his claim for credit-time to the Department of Corrections. Accordingly, we remand for further consideration of this one issue. The trial court may again deny the motion if the record conclusively demonstrates that this case is not governed by Green; otherwise, the court should award credit for gain-time previously accrued.
Affirmed in part, reversed in part, and remanded with instructions.
SCHOONOVER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)…DCA 2000) (holding defendant entitled to credit from the date he was arrested on probation violation warrant); Hampton v. State, 746 So. 2d 1191 (Fla. 2d DCA 1999) (stating that defendant entitled to credit from date warrant issued); Bank v. State, 632 So. 2d 640, 641 (Fla. 2d DCA 1994) (“In some circumstances, a defendant may be entitled to presentence credit extending back to the filing of a detainer.”); Keene v. State, 500 So. 2d 592 (Fla. 2d DCA 1986) (holding defendant is entitled to credit against each…
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Theron Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999)…nt date for the credit runs from the date of the detainer or the date of arrest, so we do not reach that issue. Compare Wiggins v. State, 654 So. 2d 1017 (Fla. 1st DCA 1995), and Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992) with Bank v. State, 632 So. 2d 640 (Fla. 2d DCA 1994), and Wright v. State, 589 So. 2d 382, 383 (Fla. 4th DCA 1991). The order under review is reversed and the cause remanded for a determination whether the defendant is entitled to additional credit for time served. Reversed and re…
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Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000)…r the Pinellas County charge was served on him, he would be entitled to credit for túne 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) (holding that “unless concurrent sentences are involved, a defendant held on multiple charges arising from different jurisdictions is not entitled to overlapping credit”); Travis v. State, 724 So. 2d 119, 120 (Fla. 1st DCA 19…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)
- Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)
- DeWayne Lee Bruner v. State, 398 So. 2d 1005 (Fla. 1st DCA 1981)