Narrative Opinion Summary
The case involves an appeal by the defendant challenging the calculation of credit for time served against his sentence for uttering a forged check and grand theft. The defendant claimed a right to 464 days of credit, while the State conceded to 306 days. The court ultimately determined that the defendant was entitled to 166 days of credit for time served in county jail, as per Florida Statute 921.161. However, the court denied additional credit for time served in the Department of Corrections (DOC) due to an unrelated offense, applying precedents from Monroe v. State and Perry v. State, which disallow credit for time served in unrelated cases when addressing probation violations. After entering a nolo contendere plea and being placed on community control, the defendant returned to DOC for an unrelated sentence, later violating community control twice. Consequently, his community control was revoked, leading to a sentence of 42 months with a 56-day credit. The court modified the sentence to reflect the appropriate credit, affirming the decision as modified, with concurrence from Judges Parker and Blue.
Legal Issues Addressed
Credit for Time Served in State Prison for Unrelated Offensessubscribe to see similar legal issues
Application: The court ruled against granting credit for time served in state prison for unrelated offenses when sentencing for probation violations, following established precedent.
Reasoning: The court cites precedent from Monroe v. State, which holds that defendants are not entitled to credit for time served in state prison for unrelated offenses when sentenced for probation violations.
Credit for Time Served under Florida Statute 921.161subscribe to see similar legal issues
Application: The court applied Florida Statute 921.161 to determine the entitlement of credit for time served in county jail prior to sentencing.
Reasoning: The court concludes Gildow is entitled to 166 days of credit for time served awaiting sentencing, as mandated by Florida Statute 921.161 (1995), which provides that defendants receive credit for time spent in county jail prior to sentencing.
Time Served and Community Control Violationssubscribe to see similar legal issues
Application: The time served in state prison after the imposition of community control does not qualify as time served awaiting disposition of the current charges.
Reasoning: Additionally, Gildow's DOC time does not qualify as time served awaiting disposition of the current charges, as established in Perry v. State.