EUSEBIO MEDINA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Eusebio Medina appealed the summary denial of his Rule 3.800(a) motion seeking credit for time served in jail. The court affirmed the denial of two grounds but reversed on the first ground, finding Medina was entitled to credit for jail time served between his original sentencing and resentencing.
The court reversed in part, holding that Medina is entitled to credit for time served in jail prior to resentencing, as established in Kitchen v. State. The trial court's denial of grounds two and three was affirmed, but the case was remanded for determination of additional credit for pre-resentencing jail time.
[1] A defendant is entitled to credit for time served in jail prior to resentencing.
[2] A court may consider a successive post-conviction motion under the manifest injustice exception.
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Join FLexlaw to unlock all legal intelligence“defendant is entitled to credit for time served in jail prior to resentencing”
Establishes the legal principle supporting Medina's entitlement to additional credit, citing Kitchen v. State
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Join FLexlaw to unlock all legal intelligenceMedina received an original sentence with 566 days credit for pre-sentencing jail time. He later won post-conviction relief requiring resentencing und…
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Eusebio Medina (“Medina”) appeals an order summarily denying his Rule 3.800(a) motion. We affirm in part and reverse in part. Medina raises three grounds for reversal. We find no merit as to grounds two and three. However, on ground one, we reverse the order.
Upon imposition of Medina’s original sentence, the trial court awarded him 566 days credit for time served in jail before sentencing. Subsequently, Medina sought post-conviction relief, arguing that he was entitled to resentencing under the 1994 guidelines pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). On consideration of a certified question from this Court, the Supreme Court agreed with Medina’s position and the cause was remanded for re-sentencing. Medina v. State, 760 So.2d 929 (Fla.2000). At the October 23, 2000, resentencing, the trial court stated that it awarded Medina credit for all time served, but the written sentence only awarded the 566 days credit for time served in jail prior to imposition of his original sentence. Following review of the resentence, Medina sought post-conviction relief addressing credit for time served, including the current motion to correct his sentence as ille*188gal, which was denied.1
On appeal, the State properly concedes that Medina may be entitled to credit for the time he spent in jail prior to resentenc-ing, as reflected in the Miami-Dade County Corrections and Rehabilitation Department certificate. See Kitchen v. State, 20 So.3d 975 (Fla. 4th DCA 2009) (holding that defendant is entitled to credit for time served in jail prior to resentencing). A review of the jail certificates indicates that Medina was not awarded credit for time spent in jail after his original sentence was reversed and before he was resentenced on October 23, 2000.2 We, therefore, reverse the order in part, and remand for a determination of an award of additional credit for the time Medina served in jail before he was resentenced.3
Affirmed in part, reversed in part, and caused remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- State v. Akins, 69 So. 3d 261 (Fla. 2011)
- Kitchen v. State, 20 So. 3d 975 (Fla. 4th DCA 2009)
- John DOE NO.1 v. Blunt, 892 So. 2d 545 (Fla. 5th DCA 2005)
- Salazar v. State, 892 So. 2d 545 (Fla. 3d DCA 2005)
- Lathio Jenkins v. State, 999 So. 2d 729 (Fla. 3d DCA 2008)
- Eusebio Lazaro Medina v. State, 760 So. 2d 929 (Fla. 2000)
- Valentine v. State, 760 So. 2d 929 (Fla. 2000)