Dwight Henry v. State of Florida

171 So. 3d 183, 2015 Fla. App. LEXIS 11398, 2015 WL 4549488

Opinion

PER CURIAM.

Dwight Henry appeals an order of the Seventeenth Judicial Circuit Court, which summarily denied his timely motion for correction of jail credit filed pursuant to Florida Rule of Criminal Procedure 3.801. In this motion, Henry claimed that, after his sentencing for misdemeanor charges in Escambia County on March 4, 2005, he remained in jail based solely on a detainer from Broward Circuit Court In the four cases at issue. He further alleged he did not waive the right to claim credit for that time. -

The State recognizes in its response to this Court that this case should be remanded for further proceedings to determine whether Henry is entitled to credit for the days served in Escambia County Jail from March 5, 2005 through March 11, 2005. Nothing in the record demonstrates that he was in that jail for any reason other than the detainer from the four Bro-ward Circuit Court cases. See Gethers v. State, 838 So.2d 504 (Fla.2003).

Reversed and remanded.

CIKLIN, C.J., WARNER and GROSS, JJ., concur.