GROVER W. KELLEY, PETITIONER,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, FLORIDA DIVISION OF CORRECTIONS, RESPONDENT
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A paroled prisoner sought credit for time served in county jail while awaiting parole revocation proceedings. The Florida Supreme Court held that a paroled inmate is entitled to credit for jail time served between arrest and parole revocation, as incarceration terminates the parole period.
The petitioner is entitled to credit for the period of time from April 8, 1973, through August 1, 1973, against his original sentence. Incarceration of an individual terminates the parole period, and the Parole and Probation Commission must recalculate the remaining sentence to give credit for this period of incarceration.
[1] A person incarcerated while on parole is not considered to be serving a sentence, and the incarceration terminates the interruption of the sentence represented by the par…
[2] A parolee is entitled to credit on their original sentence for the period of incarceration served while awaiting a parole revocation hearing.
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Join FLexlaw to unlock all legal intelligence“inasmuch as a person cannot be on parole and at the same time be in jail, the incarceration of an individual terminates the interruption of his sentence represented by the parole he is serving”
Establishes the legal principle that incarceration terminates parole status and requires credit for jail time against the original sentence
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Join FLexlaw to unlock all legal intelligencePetitioner was sentenced to prison on March 22, 1970, and granted parole on December 21, 1971. He was arrested on April 8, 1973, and held in county ja…
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ADKINS, Chief Justice.
In original habeas corpus proceedings, petitioner seeks credit for certain time he served while incarcerated.
On March 22, 1970, petitioner was sentenced to the State prison. On December 21, 1971, he was granted a parole and remained on parole until he was arrested on April 8, 1973. He was incarcerated in a county jail from April 8, 1973, until August 2, 1973, at which time he was transferred to the State prison. He was given notice of hearing on his parole revocation on September 24, 1973. The hearing was held, and on October 9, 1973, the Parole and Probation Commission revoked the petitioner’s parole effective August 1, 1973.
Petitioner contends that he is entitled to all time served in the county jail while he awaited the parole revocation hearing.
This Court in Brumit v. Wainwright, 290 So. 2d 39 (Fla.1973), and Voulo v. Wainwright, 290 So. 2d 58 (Fla.1974), held that, inasmuch as a person cannot be on parole and at the same time be in jail, the incarceration of an individual terminates the interruption of his sentence represented by the parole he is serving.
The State concedes the correctness of the issue raised by the petitioner, to-wit: that he should receive credit for the period of April 8, 1973 through August 1, 1973, against the initial sentence from which he was paroled on December 21, 1971, and concurs with his request that the Parole and Probation Commission recalculate the remaining time of his initial sentence so as to give credit for the April 8, 1973 through August 1, 1973 period of incarceration.
The petitioner should be given credit on his sentence for the period of time from April 8, 1973 until and including August 1, 1973.
It is so ordered.
ROBERTS, ERVIN, BOYD and Mc-CAIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brumit v. Louie L. Wainwright, 290 So. 2d 39 (Fla. 1973)
- Voulo v. Louie L. Wainwright, 290 So. 2d 58 (Fla. 1974)