JAMES TOUSSAINT
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2024-09-04
No. 2024-0059
Cruz, J., Emas, J., Scales, J., Bokor, J.
2024 FL 10711 Florida District Court of Appeal, Third District (2024)

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Holding

Concurrent sentences do not necessarily begin at the same time and will expire on different dates unless ordered to be coterminous.


Headnotes

[1] Concurrent sentences do not necessarily commence on the same date and will terminate on different dates unless the sentencing court expressly orders them to be coterminou…

[2] A claim for jail credit must be raised under Florida Rule of Criminal Procedure 3.801 and is untimely if filed more than one year after the sentence becomes final.

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Key Quotes

“Concurrent sentences do not necessarily begin at the same time, and unless they are ordered to be coterminous, they will expire on different dates.”

Court citing Eady v. State, 273 So. 3d 97 (Fla. 3d DCA 2019)

Facts & Procedural History

James Toussaint appealed from a Circuit Court decision in Miami-Dade County involving two criminal cases (F18-13105A and F21-009880). The appeal conce…

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Opinion of the Court
Bokor

Third District Court of Appeal State of Florida

Opinion filed September 4, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0059 Lower Tribunal Nos. F18-13105A, F21-009880 ________________

James Toussaint, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura Shearon Cruz, Judge.

James Toussaint, in proper person.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before EMAS, SCALES and BOKOR, JJ.

PER CURIAM.

2

Affirmed. See Eady v. State, 273 So. 3d 97, 97 (Fla. 3d DCA 2019) (“Concurrent sentences do not necessarily begin at the same time, and unless they are ordered to be coterminous, they will expire on different dates.”) (quoting Llerena v. State, 953 So. 2d 31, 33 (Fla. 3d DCA 2007)); Bryant v. State, 240 So. 3d 55, 57 (Fla. 3d DCA 2018) (explaining that “[a] claim for jail credit must be raised under Florida Rule of Criminal Procedure 3.801” and, in citing to the rule, noting that such a claim is untimely if filed more than one year after the sentence becomes final).


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