612 So. 2d 684 - Thomas v. State

How this case has been cited

Cited by 9 later decisions — most recently August 2017

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3DAUKSCH, Judge.

¶4This is an appeal from a sentence imposed after violation of probation. The pertinent facts here are similar to those in Wilson v. State, 603 So.2d 93 (Fla. 5th DCA 1992). The sentencing court did not give full credit to this appellant for all time served, both pre-violation and pending sentence for violation. Therefore, we must vacate the sentence and remand for resentencing. Sentencing is the obligation of the court, not the department of corrections; so any reliance upon the jailers to compute properly the time served is an improper relinquishment of authority and duty of the judiciary to the executive.

¶5This is not to say that the court cannot consider input from the department, or appellant for that matter, before final *685 computation and determination of the credit for time served.

¶6SENTENCE VACATED; REMANDED FOR RESENTENCING.

¶7GOSHORN, C.J., and DIAMANTIS, J., concur.