JOHN NAESER
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-11-21
No. 18-0803
Vaughn, J., Gerber, C.J., Warner, J., Forst, J.
257 So. 3d 1090 Florida District Court of Appeal, Fourth District (2018)

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Holding

A defendant in jail in one county on specific charges need not be given credit for time served on charges in another county when the second county has only lodged a detainer against the defendant, absent execution of an arrest warrant.


Headnotes

[1] A defendant incarcerated in one county on specific charges is not entitled to credit for time served on charges in another county when the second county has only lodged a…

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Key Quotes

“[A]bsent the execution of an arrest warrant, a defendant who is in jail in a specific county pursuant to an arrest on one or more charges need not be given credit for time served in that county on charges in another county when the second county has only lodged a detainer against the defendant.”

Court's citation to Gethers v. State, 838 So. 2d 504, 505 (Fla. 2003)

Facts & Procedural History

John Naeser was in jail in St. Lucie County (Nineteenth Judicial Circuit) on charges, and another county had lodged a detainer against him on separate…

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Opinion of the Court
Gerber

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JOHN NAESER, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D18-803

[November 21, 2018]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dan L. Vaughn, Judge; L.T. Case No. 562013CF003166.

Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Gethers v. State, 838 So. 2d 504, 505 (Fla. 2003) (“[A]bsent the execution of an arrest warrant, a defendant who is in jail in a specific county pursuant to an arrest on one or more charges need not be given credit for time served in that county on charges in another county when the second county has only lodged a detainer against the defendant.”).

GERBER, C.J., WARNER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.


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