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629 So. 2d 1094

Longo v. State

District Court of Appeal of Florida

Decided January 14, 1994

District Court of Appeal of Florida · decided 1994-01-14

Cited by 4 later decisions — most recently June 2006

4 state decisions

Relies on 462 So. 2d 450 - Kronz v. State · 625 So. 2d 978 - Inclima v. State · 621 So. 2d 502 - Longo v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-01-14

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THOMPSON, Judge.

¶1Gary Longo appeals the denial of his motion to correct sentence filed pursuant to Rule 3.800(a), Florida Rule of Criminal Procedure. This appeal is Longo’s second on these facts. See Longo v. State, 621 So.2d 502 (Fla. 5th DCA 1993). We affirm.

¶2Longo was sentenced on 23 April 1992 to nine and a half years in the Department of Corrections (DOC) for a second violation of probation. He was given credit for five and one half years previously served in DOC as part of a “true” split sentence and 149 days credit for jail time. He appealed the sentence and this court remanded the case with directions to the trial judge “to either conduct an evidentiary hearing ... or to furnish us those portions of the record refuting Lon-go’s claim.” Id. at 503.

¶3The trial judge complied with this court’s direction, again denying Longo’s motion, but this time attaching copies of the executed Florida arrest warrants which confirm the trial judge awarded the proper amount of credit for jail time served in New York: 101 days from the date of defendant’s arrest on the first probation violation to sentencing and 48 days from the date of his arrest on his second violation to sentencing, for a total of 149 days.

¶4In Inclima v. State, 625 So.2d 978 (Fla. 5th DCA 1993) (citing Kronz v. State, 462 So.2d 450 (Fla.1985)), this court receded from it’s decision in Longoto the extent that it conflicts with this court’s clarification that there is no mandatory requirement that a defendant be given credit for time spent in jail in other states on Florida charges, although a trial judge does have inherent discretionary authority to award such credit.

¶5The trial judge in this case has established that Longo received credit for all the time spent in any jail on the Florida warrants and, therefore, Longo’s motion to correct sentence was properly denied.

¶6AFFIRMED.

DAUKSCH and PETERSON, JJ., concur.
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