Larson v. State

District Court of Appeal of Florida

Larson v. State

301 So. 2d 491, 1974 Fla. App. LEXIS 8589

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1974

DocketNo. U-10

StatusPublished

Cited by2 cases

This text of 301 So. 2d 491 (Larson 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

Larson v. State, 301 So. 2d 491, 1974 Fla. App. LEXIS 8589 (Fla. Ct. App. 1974).

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Opinion

PER CURIAM.

This is an appeal from a sentence of appellant to eight years in the state prison. The sentence was arrived at through plea bargaining and was the sentence recommended by the state. Appellant filed a motion to correct the sentence to give appellant credit thereon for the time he had spent in the county jail prior to imposition of the sentence. The trial court denied the motion stating that at the time he sentenced appellant to eight years, he took into consideration in the sentence the time appellant had served in jail.

Section 921.161(1), Florida Statutes, provides in part as follows:

“ . . . [T]he court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must he for a specified period of time and shall be provided for in the sentence.”

Under this statute, the sentence should have stated that specified period of time for which credit was being given for jail time prior to sentence.

Reversed and remanded with directions to modify the sentence by specifying the number of days for which appellant is given credit on the eight year sentence for [492]*492time spent in jail prior to sentence. Such may be done by order modifying sentence rather than re-sentencing appellant in open court.

RAWLS, C. J., McCORD and JOHNSON, JJ., concur.

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PER CURIAM.

This is an appeal from a sentence of appellant to eight years in the state prison. The sentence was arrived at through plea bargaining and was the sentence recommended by the state. Appellant filed a motion to correct the sentence to give appellant credit thereon for the time he had spent in the county jail prior to imposition of the sentence. The trial court denied the motion stating that at the time he sentenced appellant to eight years, he took into consideration in the sentence the time appellant had served in jail.

Section 921.161(1), Florida Statutes, provides in part as follows:

“ . . . [T]he court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must he for a specified period of time and shall be provided for in the sentence.”

Under this statute, the sentence should have stated that specified period of time for which credit was being given for jail time prior to sentence.

Reversed and remanded with directions to modify the sentence by specifying the number of days for which appellant is given credit on the eight year sentence for [492]*492time spent in jail prior to sentence. Such may be done by order modifying sentence rather than re-sentencing appellant in open court.

RAWLS, C. J., McCORD and JOHNSON, JJ., concur.

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Bluebook (online)

301 So. 2d 491, 1974 Fla. App. LEXIS 8589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larson-v-state-fladistctapp-1974.

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