GAMALIER BONILLA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bonilla appeals the denial of his motions for jail credit under Florida Criminal Procedure Rule 3.800(a), arguing he deserves credit for time spent in Seminole County jail on an Orange County probation violation hold. The appellate court reverses, finding the trial court overlooked an exception in Gethers v. State requiring examination of whether Bonilla would have been released but for the detainer.
Bonilla is entitled to jail credit for time spent in Seminole County jail if the evidence shows he was subject to release on the Seminole County charges but was being held solely because of the Orange County detainer. The trial court must examine Seminole County jail records to calculate the proper credit.
[1] A defendant is entitled to jail credit for time served in one county's custody when that custody is maintained solely due to a detainer or hold from another county.
[2] A defendant is entitled to jail credit for time served when the defendant would otherwise be released but is being held due to a detainer.
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“Only if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer.”
The exception to Gethers v. State that applies to Bonilla's situation, establishing when jail credit is warranted for time held on a detainer.
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Join FLexlaw to unlock all legal intelligenceBonilla was serving probation from an Orange County crime when a probation violation warrant was issued in 1997. On December 2, 2002, he was arrested …
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[*1073] SAWAYA, C.J.
Gamalier Bonilla appeals the summary denial of two motions he filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. He is entitled to relief here and is probably entitled to jail credit below. We leave the exact calculations to the trial court.
For an Orange County crime, Bonilla served time with the Department of Corrections, then was placed on probation in 1996. A violation of probation was issued in 1997, but Bonilla remained at liberty until he was arrested in Seminole County on December 2, 2002, for driving offenses, including DUI. On December 3, 2002, Bon-illa was released on his own recognizance for the Seminole County charges, but he remained detained in the Seminole County jail on “hold” because of the Orange County violation of probation warrant. Seminole County held Bonilla until January 25, 2003, when Bonilla was transferred to the custody of Orange County. Bonilla was found to have violated probation and was resen-tenced March 28, 2003, in Orange County to more prison time, with jail credit for the 63 days he had actually spent in the Orange County jail awaiting resentencing. He received probation for the traffic charges in Seminole County, to run consecutively to his Orange County sentence.
On appeal, Bonilla claims he is entitled to credit for the additional days that he spent in the Seminole County jail before he was physically transferred to Orange County. Bonilla argues that he would have been at liberty if not for the Orange County hold for violating probation. The trial court denied his request for relief on the basis of Gethers v. State, 838 So. 2d 504 (Fla.2003), a recent Florida Supreme Court decision that upheld this court’s earlier decision in Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992) (holding that a prisoner was only entitled to jail-time credit from the date that he was served with an arrest warrant on the other county’s charges, not from the date the county filed a detainer or hold against him).
In so ruling, the trial court overlooked an exception in Gethers that applies in Bonilla’s case: “Only if the prisoner is subject to release but is being held because a detainer has been lodged can it be said that the prisoner is in custody pursuant to the detainer.” Gethers, 838 So. 2d at 507. Consequently, the law requires that the Orange County trial court peruse the Seminole County jail records to calculate Bonilla’s proper amount of credit for time served. Accordingly, we reverse the sentence and remand for further proceedings.
REVERSED and REMANDED.
THOMPSON and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Solomon v. State, 69 So. 3d 396 (Fla. 2d DCA 2011)…f the detainer. However, the court provided an exception for cases in which the defendant was subject to release from jail but was being held because a detainer from a different county had been lodged against him. See id.; see also Bonilla v. State, 884 So. 2d 1072, 1073 (Fla. 5th DCA 2004). In this case, Solomon alleged that he was being held in Calhoun County based on a Polk County detainer that had been lodged against him. Solomon presented a Calhoun County first appearance order which supports this allega…
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Elbaz v. State, 16 So. 3d 259 (Fla. 4th DCA 2009)…me he served on probation when the court imposed a split sentence on October 18, 2007. We reverse and remand for the trial court to reconsider the jail credit claim in light of the jail records attached to appellant’s motion. See Bonilla v. State, 884 So. 2d 1072 (Fla. 5th DCA 2004); McPherson v. State, 750 So. 2d 125 (Fla. 2d DCA 2000). At that time, the circuit court should also consider the merits of the second claim, which was not previously addressed by the court. See Waters v. State, 662 So. 2d 332 (Fl…
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Avakian H. Nerses v. State, 79 So. 3d 158 (Fla. 5th DCA 2012)…s of credit because it was awarded pursuant to a negotiated plea; or in the alternative, that he is entitled to such credit because he was released on his Duval County charges but was held on the Brevard County detainer. [*159] See Bonilla v. State, 884 So. 2d 1072 (Fla. 5th DCA 2004). AFFIRMED and REMANDED. GRIFFIN, TORPY and COHEN, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gethers v. State, 838 So. 2d 504 (Fla. 2003)
- Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)