REGINALD TIMOTHY JONES
v.
STATE OF FLORIDA

Fla. 2d DCA | 2019-09-13
No. 18-2629
Khouzam, C.J., Rothstein-Youakim, J., Smith, J., Volz, Jr., J.
Florida District Court of Appeal, Second District (2019)

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Holding

A trial court must award jail credit that the State concedes is legally owed, even when denying a motion to correct illegal sentence on other grounds.


Headnotes

[1] When the State concedes that a defendant is entitled to jail credit, the trial court must award that credit even if denying the underlying motion to correct illegal sente…

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Facts & Procedural History

Reginald Jones appealed two orders denying his motions to correct illegal sentences under Florida Rule of Criminal Procedure 3.800(a) and prohibiting …

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Opinion of the Court
Smith

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

REGINALD TIMOTHY JONES, ) ) Appellant, ) ) v. ) Case No. 2D18-2629 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Opinion filed September 13, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Lee County; Edward J. Volz, Jr., Judge. Reginal Timothy Jones, pro se. Ashley Moody, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee. KHOUZAM, Chief Judge. Reginald Jones appeals from two orders denying his motions to correct illegal sentence, see Fla. R. Crim. P. 3.800(a), and prohibiting him from further pro se filings. The State concedes that Jones is owed 274 days of jail credit on each of the two

sentences he is now serving in this case. We therefore remand for the trial court to grant Jones 274 days of jail credit for each of those sentences, for a total of 548 days of credit. We affirm in all other respects. Affirmed in part and remanded with directions. ROTHSTEIN-YOUAKIM and SMITH, JJ., Concur.


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