REGINAL MCKNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Reginal McKnight appealed his conviction on drug abuse charges. The appellate court affirmed the conviction but reversed and remanded portions of the sentencing, requiring the trial court to credit jail time served and to properly enter a contempt judgment in compliance with procedural rules.
The court affirmed the drug conviction but reversed the sentencing on multiple grounds: (1) McKnight is entitled to credit for jail time served while awaiting sentence, although not duplicate credit; (2) the contempt judgment and sentence must be set aside because it was not reduced to writing, entered of record, and lacked the required recital of facts constituting contempt; and (3) a sentence at hard labor is not permissible.
[1] A defendant is entitled to credit for jail time served while awaiting sentencing, even if held on other charges, provided credit was not already given in the other case.
[2] A trial court must determine whether a defendant has received credit for jail time served and modify the sentence if credit has not been given.
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Join FLexlaw to unlock all legal intelligence“He is entitled to such credit although not to duplicate credit.”
Establishes that a defendant must receive credit for jail time served while awaiting sentencing, but cannot receive the same credit twice across multiple sentences.
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Join FLexlaw to unlock all legal intelligenceMcKnight was convicted by jury on two counts of drug abuse violations. After the verdict, he was released pending sentencing but failed to appear for …
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OWEN, Judge.
On appeal from a conviction on two counts of violation of the drug abuse laws, appellant’s points relating to the validity of the judgment are without merit and the judgment is therefore affirmed. In sentencing appellant, the trial court refused to give appellant credit for jail time already served while awaiting sentence. During at least a part of that time, appellant was being held on other charges for which he was subsequently convicted and sentenced. Appellant has supplemented the record in this case by furnishing us a certified copy of the judgment and sentence imposed on appellant as a result of the other charges then pending against him, and this supplemental record reflects that appellant did not receive credit in that case for jail time already served. He is entitled to such credit although not to duplicate credit. See, Lawrence v. State, 306 So. 2d 561 (Fla.App. 4th, 1975).
Upon remand the court is directed to determine whether appellant has, in fact, received credit for jail time served and if he has not, the court shall modify the sentence in this case accordingly.
After a verdict had been returned in appellant’s jury trial, he had been allowed to remain at liberty pending adjudication and sentencing. A date was set for his sentencing and when he failed to appear, a capias was issued for his arrest, and, pursuant to Rule 3.840 RCrP, an order was issued directing him to show cause why he not be held in contempt of court. As a result of the capias appellant was arrested and incarcerated, accounting for a portion of the presentence jail time to which we have referred earlier. When appellant was ultimately brought before the court for adjudication and sentencing he was also given a hearing on the contempt charge. Appellant was found in contempt of court and sentenced to be confined in the.county jail for a period of six months at hard labor.
The record discloses that the judgment, while reflected in the circuit court minutes, was never reduced to writing and entered of record and, further, that there was no recital of the facts constituting the contempt, as required under Rule 3.840 RCrP. The court’s failure to comply with the requirements of Rule 3.840 RCrP necessitates that the judgment and sentence be set aside and the cause be remanded to the trial court for the entry of a proper judgment and sentence in accordance with this Rule. Miller v. State, 305 So. 2d 826 (Fla.App. 4th, 1975); Speller v. State, 305 So. 2d 231 (Fla.App. 2nd, 1974); Davis v. State, 261 So. 2d 188 (Fla.App. 1st, 1972); Moore v. State, 245 So. 2d 880 (Fla.App. 2nd, 1971).
We note also that a sentence “at hard labor”, such as the trial court attempted to impose here, has been disapproved. McDonald v. State, Fla.App. 4th, 321 So. 2d 453, opinion filed November 7, 1975; Speller v. State, supra. The judgment and sentence for contempt is accordingly reversed and that cause remanded for further proceedings consistent herewith.
Affirmed in part; reversed in part.
WALDEN, C. J., and DOWNEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Leach v. State, 348 So. 2d 1218 (Fla. 4th DCA 1977)…efendant’s conviction. In sentencing the defendant, however, the trial court failed to give the defendant credit for jail time already served while awaiting sentence. He is entitled to such credit although not to duplicate credit. McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976). Upon remand the trial court is directed to determine whether defendant has, in fact, received credit for jail time served and if he has not, the court shall modify the sentence in this case accordingly. AFFIRMED and REMANDED.…
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Hershell Lemley v. State, 362 So. 2d 691 (Fla. 4th DCA 1978)…nded to the trial court with directions to enter a new judgment and sentence giving appellant credit for time which he served in jail prior to sentencing and eliminating therefrom any direction that he be imprisoned at hard labor. McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976). In all other respects the judgment and sentence are affirmed. DOWNEY, C. J., and LETTS and MOORE, JJ., concur.…
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Martin v. State, 397 So. 2d 1012 (Fla. 1st DCA 1981)…ant has been found and adjudicated guilty. Failure to comply with this rule is reversible error requiring remand to the lower court for entry of a proper judgment and sentence. Bryant v. State, 363 So. 2d 1141 (Fla. 1st DCA 1978); McKnight v. State, 325 So. 2d 79 (Fla. 4th DCA 1976); Davis v. State, 261 So. 2d 188 (Fla. 1st DCA 1972), cert. denied, 265 So. 2d 51 (Fla.1972). Such would normally be the disposition of this court. However, we find that aside from procedural defects, the judgment and sentences in…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDONALD v. State, 321 So. 2d 453 (Fla. 4th DCA 1975)
- Speller v. State, 305 So. 2d 231 (Fla. 2d DCA 1974)
- Moore v. State, 245 So. 2d 880 (Fla. 2d DCA 1971)
- W. E. "Bill" Davis v. State, 261 So. 2d 188 (Fla. 1st DCA 1972)
- Lawrence v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)
- Miller v. State, 305 So. 2d 826 (Fla. 4th DCA 1975)
- Holley v. State, 306 So. 2d 561 (Fla. 4th DCA 1975)