Keene v. State

District Court of Appeal of Florida

Keene v. State

826 So. 2d 327, 2002 Fla. App. LEXIS 3724, 2002 WL 440575

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 2002

DocketNo. 2D02-144

StatusPublished

Cited by2 cases

This text of 826 So. 2d 327 (Keene 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

Keene v. State, 826 So. 2d 327, 2002 Fla. App. LEXIS 3724, 2002 WL 440575 (Fla. Ct. App. 2002).

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Opinion

BLUE, Chief Judge.

Harry J. Keene appeals the trial court’s December 14, 2001, order which summarily denied his motion for jail credit pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the portion of the order that denied Keene’s request for an additional fifty-four days of jail credit. The trial court, however, went further in its order and sua sponte vacated a June 5, 2001, order that had awarded 206 days of jail credit to Keene. The trial court was without jurisdiction to vacate the order. See Bailey v. State, 111 So.2d 995, 996 (Fla. 2d DCA 2000). Additionally, rescission of previously awarded jail credit is a sentence enhancement that violates the prohibition against double jeopardy. Id. We, therefore, reverse the portion of the trial court’s order that revoked the previously awarded jail credit, and we direct the trial court to reinstate the 206 days’ credit.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

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BLUE, Chief Judge.

Harry J. Keene appeals the trial court’s December 14, 2001, order which summarily denied his motion for jail credit pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the portion of the order that denied Keene’s request for an additional fifty-four days of jail credit. The trial court, however, went further in its order and sua sponte vacated a June 5, 2001, order that had awarded 206 days of jail credit to Keene. The trial court was without jurisdiction to vacate the order. See Bailey v. State, 111 So.2d 995, 996 (Fla. 2d DCA 2000). Additionally, rescission of previously awarded jail credit is a sentence enhancement that violates the prohibition against double jeopardy. Id. We, therefore, reverse the portion of the trial court’s order that revoked the previously awarded jail credit, and we direct the trial court to reinstate the 206 days’ credit.

Affirmed in part, reversed in part, and remanded.

NORTHCUTT and STRINGER, JJ., Concur.

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Bluebook (online)

826 So. 2d 327, 2002 Fla. App. LEXIS 3724, 2002 WL 440575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keene-v-state-fladistctapp-2002.

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