Yarbrough v. State

District Court of Appeal of Florida

Yarbrough v. State

926 So. 2d 448, 2006 Fla. App. LEXIS 5410, 2006 WL 941958

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 2006

DocketNo. 1D05-5206

StatusPublished

Cited by2 cases

This text of 926 So. 2d 448 (Yarbrough 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

Yarbrough v. State, 926 So. 2d 448, 2006 Fla. App. LEXIS 5410, 2006 WL 941958 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The appellant challenges the summary denial of his motion seeking prison credit filed pursuant to Florida Rule of Criminal Procedure 3.800. The appellant seeks two years of prison credit for the initial time served on the incarcerative portion of a split sentence.

A defendant is entitled to credit for time he has already served on the incarcerative portion of a split sentence. Pierson v. State, 801 So.2d 1055 (Fla. 1st DCA 2001); See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999) (noting that a defendant is entitled to prison credit for time already served in prison on the charges). The trial court failed to attach any documents, such as the written judgment and sentence, that conclusively establish that the appellant received two years of prison credit towards the sentences imposed in case numbers 90-3531, 90^4924, and 90-5261 for time previously served on those cases, or that the appellant is not entitled to such credit. Thus, we reverse the denial of the appellant’s motion and remand for the trial court to grant relief or attach documents refuting the appellant’s allegations. See Pierson.

REVERSED and REMANDED.

WOLF, WEBSTER and BROWNING, JJ., Concur.

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PER CURIAM.

The appellant challenges the summary denial of his motion seeking prison credit filed pursuant to Florida Rule of Criminal Procedure 3.800. The appellant seeks two years of prison credit for the initial time served on the incarcerative portion of a split sentence.

A defendant is entitled to credit for time he has already served on the incarcerative portion of a split sentence. Pierson v. State, 801 So.2d 1055 (Fla. 1st DCA 2001); See Corpus v. State, 744 So.2d 594 (Fla. 2d DCA 1999) (noting that a defendant is entitled to prison credit for time already served in prison on the charges). The trial court failed to attach any documents, such as the written judgment and sentence, that conclusively establish that the appellant received two years of prison credit towards the sentences imposed in case numbers 90-3531, 90^4924, and 90-5261 for time previously served on those cases, or that the appellant is not entitled to such credit. Thus, we reverse the denial of the appellant’s motion and remand for the trial court to grant relief or attach documents refuting the appellant’s allegations. See Pierson.

REVERSED and REMANDED.

WOLF, WEBSTER and BROWNING, JJ., Concur.

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Bluebook (online)

926 So. 2d 448, 2006 Fla. App. LEXIS 5410, 2006 WL 941958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yarbrough-v-state-fladistctapp-2006.

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