DONALD D. BAKER, PETITIONER,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF OFFENDER REHABILITATION, STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted habeas corpus relief and ordered credit for 201 days of pretrial county jail time toward the petitioner's sentence under Florida Statutes Section 921.161.
A defendant is entitled to credit for time served in county jail prior to sentencing under Florida Statutes Section 921.161.
[1] A defendant is entitled to credit for time served in county jail prior to sentencing pursuant to Florida Statutes Section 921.161, as amended by Chapter 73-71, Laws of Fl…
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Join FLexlaw to unlock all legal intelligenceBaker was held in county jail from October 7, 1973 to April 26, 1974 (201 days) prior to sentencing.…
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ROBERTS, Justice.
Petitioner filed a petition for writ of ha-beas corpus seeking credit for time served in county jail prior to sentencing. This Court issued the writ and required a return.
The respondent, through the Attorney General, has promptly responded to the writ of habeas corpus and states that petitioner’s claim that he should have been given credit for time served in county jail prior to sentencing has merit. Section 921.161(1), Florida Statutes. Respondent agrees that pursuant to Section 921.161, Florida Statutes, as amended by Chapter 73-71, Laws of Florida, effective May 28, 1973, petitioner is entitled to credit for time served in county jail from October 7, 1973 to April 26, 1974, a period of 201 days and requests that this Court’s order issue directing the trial judge to enter a corrected sentence showing credit for the above-indicated jail time and ordering the Department of Offender Rehabilitation to recompute petitioner’s time according to the corrected sentence.
Accordingly, we find that petitioner is entitled to credit for the time spent in county jail prior to sentencing and respondent is directed to grant credit to petitioner for the aforedescribed 201 days spent in county jail and to recompute petitioner’s release date in accord therewith.
It is so ordered.
ADKINS, C. J., and BOYD, OVER-TON, ENGLAND and SUNDBERG, JJ., concur.
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Lund v. State, 396 So. 2d 255 (Fla. 3d DCA 1981)…ssly required by Section 921.161(1), Florida Statutes (1979); Ennis v. State, 364 So. 2d 497 (Fla. 2d DCA 1978). A proper application of Section 921.161(1), supra, mandates that the defendant be given credit for all time served. Baker v. Wainwright, 327 So. 2d 8 (Fla.1976); Gallagher v. State, 300 So. 2d 299 (Fla. 4th DCA 1974). However, a defendant, being held on numerous charges is not entitled to have credit for jail time pyramided by being given credit on each sentence as he awaits disposition of multip…