DENIS ROCHESTER
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-29
No. 18-4259
Florida District Court of Appeal, First District (2019)

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Holding

A defendant is entitled to jail credit for each day of incarceration, including the first and last days of confinement within a specified period.


Headnotes

[1] A defendant is entitled to jail time credit for each day spent incarcerated within a designated period, including both the first and last days of confinement.

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Facts & Procedural History

Denis Rochester appealed an order denying his motion for additional jail credit under Florida Rule of Criminal Procedure 3.801. Rochester claimed he w…

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Opinion of the Court

July 29, 2019 PER CURIAM.

Denis Rochester appeals from an order denying a motion seeking additional jail credit brought under Florida Rule of Criminal Procedure 3.801. As to Rochester’s claim that he is owed one additional day of credit for his incarceration in March 2013, the record shows this claim has merit. Rochester is entitled to credit for the time spent incarcerated from March 1, 2013, through March 4, 2013, a total of four days. We therefore reverse and remand to permit the trial court to correct his credit accordingly. As to Rochester’s remaining claim concerning credit for the dates in 2015, we affirm.

AFFIRMED in part, REVERSED in part, and REMANDED.

RAY, C.J., and BILBREY and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Denis Rochester, pro se, Appellant. Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.


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