BERKELEY THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Berkeley Thompson appeals the trial court's summary denial of his Rule 3.800 motion seeking additional jail credit for time spent in Duval County jail while awaiting Clay County charges. The appellate court reverses and remands on the jail credit issue but affirms the trial court's assessment of victim injury points, finding Thompson's plea agreement precluded challenge to sentencing guidelines.
Thompson is entitled to have the trial court examine the record and jail records to determine whether he qualifies for additional jail credit under the rule established in Travis v. State. However, the victim injury points assessment is affirmed because Thompson's plea agreement for an agreed term that did not exceed the statutory maximum precludes challenge to the sentencing guidelines.
[1] A defendant is entitled to jail credit for time spent incarcerated on unrelated charges in one county when a warrant has been issued and served by another county, and the…
[2] A trial court must review the court file and jail records when considering a motion for jail credit and attach relevant documents to its order of summary denial.
Previewing 2 of 4 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“from the time a warrant is issued to another county, and that county incarcerates the defendant on unrelated charges, the defendant is deemed to be in custody on the warrants from both counties and is entitled to jail credit on the concurrent sentence”
Establishes the legal standard for jail credit eligibility when a defendant is held in one county on charges from another county
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThompson was in custody in Duval County jail when Clay County issued and served a warrant for his arrest on June 12, 1998. On July 20, 1998, he was ta…
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PER CURIAM.
Appellant appeals the trial court’s summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800. First, Appellant’s motion alleges that the record conclusively shows that while he was in custody in the Duval County jail, Clay County issued and served a warrant for Ms arrest on June 12, 1998. On July 20, 1998, Appellant was taken into custody on charges pending in Clay County and then sentenced on those charges on August 19, 1998. The Clay County sentence ran concurrent with his Duval County sentence. The trial court awarded him 31 days’ credit for time spent in the Clay County jail. Appellant claims he is entitled to 38 more days of jail credit for the time spent in the Duval County jail.
In Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998), this court ruled that from the time a warrant is issued to another county, and that county incarcerates the defendant on unrelated charges, the defendant is deemed to be in custody on the warrants from both counties and is entitled to jail credit on the concurrent sentence. Id. at 120. In this case, the order summarily denying Appellant’s 3.800 motion does not indicate that the trial court reviewed the court file or jail records. The trial court also did not attach to that order any documents concermng Appellant’s incarceration in Duval County.
Therefore, we must reverse on this 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 additional jail credit).
Appellant also claims he was wrongly assessed 80 victim injury points because his commission of two counts of Lewd and Lascivious Act, Fondling, did not involve sexual contact. We affirm on this point, however, because the record reveals Appellant entered into a plea agreement for an agreed term of years that did not exceed the statutory maximum. See Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000); Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997).
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings in accordance with this opmion.
BOOTH and BENTON, JJ„ and SHIVERS, DOUGLASS B, Senior Judge, CONCUR.
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Odum v. State, 821 So. 2d 377 (Fla. 1st DCA 2002)…d suggests Appellant may be entitled to additional jail credit, we remand for review of the necessary records. We therefore must reverse and remand to allow the trial court to further examine the court file and jail records, see Thompson v. State, 772 So. 2d 575 (Fla. 1st DCA 2000); Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000), and to assess the amount of jail credit, if any, to which Appellant is entitled. REVERSED and REMANDED. BOOTH, WOLF and LEWIS, JJ., concur. . Appellant filed a notice o…
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Wendall Luther Walters v. State, 831 So. 2d 260 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Harris v. State, 810 So. 2d 1093 (Fla. 5th DCA 2002); Thompson v. State, 772 So. 2d 575 (Fla. 1st DCA 2000); and Hill v. State, 730 So. 2d 322 (Fla. 1st DCA 1999). COBB, PETERSON and PLEUS, JJ., concur.…
Authorities Cited
- Durwin D. Dunenas v. Moore, 762 So. 2d 1007 (Fla. 3d DCA 2000)
- Travis v. State, 724 So. 2d 119 (Fla. 1st DCA 1998)
- Melville Joseph Corp v. State, 698 So. 2d 1349 (Fla. 1st DCA 1997)
- Nelson v. State, 760 So. 2d 240 (Fla. 4th DCA 2000)
- Wilder v. State, 753 So. 2d 655 (Fla. 2d DCA 2000)