¶1 This court views the rescission of previously awarded jail credit as an increased penalty and a violation of the defendant’s rights under the Fifth Amendment of the United States Constitution. See Wheeler v. State, 880 So.2d 1260, 1261 (Fla. 1st DCA 2004) (holding “trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper,” because to do so “is to subject the defendant to double punishment for the same offense”). As the trial court here vacated a legal sentence and reduced appellant’s jail credit on resen-tencing, we REVERSE and REMAND for reinstatement of the original sentence.
37 So. 3d 873
Session v. State
District Court of Appeal of Florida
Decided March 25, 2010
District Court of Appeal of Florida · decided 2010-03-25
Cited by 5 later decisions — most recently February 2019
5 state decisions
Key passage — most relied on by later courts
“[T]he rescission of previously awarded jail credit as an increased penalty and a violation of the defendant's [double jeopardy] rights under the Fifth Amendment of the United States Constitution.”
quoted by 1 later decision, including 264 So. 3d 338 - Barbesco v. State
Relies on 880 So. 2d 1260 - Wheeler v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2010-03-25
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