Gerald v. State

District Court of Appeal of Florida

Gerald v. State

879 So. 2d 657, 2004 Fla. App. LEXIS 11429, 2004 WL 1737477

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 2004

DocketNo. 3D04-623

StatusPublished

Cited by2 cases

This text of 879 So. 2d 657 (Gerald v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerald v. State, 879 So. 2d 657, 2004 Fla. App. LEXIS 11429, 2004 WL 1737477 (Fla. Ct. App. 2004).

Pincite

Opinion

Confession of Error

PER CURIAM.

Shannon Demetrious Gerald appeals an order denying his motion to correct illegal sentence whereby he sought additional credit for time served. Pursuant to the State’s confession of error, we remand for further proceedings.

Defendant-appellant Gerald served a split sentence of incarceration followed by community control. He violated community control and was sentenced to six years in prison. The sentencing order granted credit for 468 days of jail time served, but did not award credit for time previously served in the Florida Department of Corrections.

The State concedes that the defendant is entitled to credit for prison time previously served on the case on which he is incarcerated.¹ Under the applicable statute, the sentencing order should reflect that the defendant is being awarded prison credit, and the calculation of the time previously served in the Department of Corrections is left to the Department to compute. See § 921.0017, Fla. Stat. (1997); Newman v. State, 866 So.2d 751 (Fla. 5th DCA 2004); Andrews v. State, 822 So.2d 540 (Fla. 2d DCA 2002).

We therefore reverse the order now before us and remand for further proceedings consistent herewith. The defendant need not be present.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Confession of Error

PER CURIAM.

Shannon Demetrious Gerald appeals an order denying his motion to correct illegal sentence whereby he sought additional credit for time served. Pursuant to the State’s confession of error, we remand for further proceedings.

Defendant-appellant Gerald served a split sentence of incarceration followed by community control. He violated community control and was sentenced to six years in prison. The sentencing order granted credit for 468 days of jail time served, but did not award credit for time previously served in the Florida Department of Corrections.

The State concedes that the defendant is entitled to credit for prison time previously served on the case on which he is incarcerated.¹ Under the applicable statute, the sentencing order should reflect that the defendant is being awarded prison credit, and the calculation of the time previously served in the Department of Corrections is left to the Department to compute. See § 921.0017, Fla. Stat. (1997); Newman v. State, 866 So.2d 751 (Fla. 5th DCA 2004); Andrews v. State, 822 So.2d 540 (Fla. 2d DCA 2002).

We therefore reverse the order now before us and remand for further proceedings consistent herewith. The defendant need not be present.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

879 So. 2d 657, 2004 Fla. App. LEXIS 11429, 2004 WL 1737477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerald-v-state-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack