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664 So. 2d 1076

Docket No. 95-03706.

Smith v. State

Fred Taylor SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 6, 1995.

District Court of Appeal of Florida · decided 1995-12-06

Key passage — most relied on by later courts

“Time spent in juvenile detention is credited like time spent in county jail.”

quoted by 1 later decision, including 829 So. 2d 376 - JB v. State

Relies on ER v. State · 546 So. 2d 125 - In Interest of BA · 521 So. 2d 292 - Richards v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-12-06

How this case has been cited

Cited by 5 later decisions — most recently February 2011

5 state decisions

30199520002010decided

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.

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Fred Taylor Smith appeals the denial of his motion to allow credit for jail time. In his motion, Smith asserted that the trial court granted credit for only 67 days but that he was entitled to credit for 132 days. In its order, the trial court denied Smith's motion. The trial court found that part of the time Smith was claiming was spent in juvenile detention. The trial court held that "because defendant received community control in his original sentence, time spent in detention cannot be credited."

¶3A defendant is not entitled to jail time credit when placed on community control. In the Interest of B.A.,546 So.2d 125 (Fla. 1st DCA 1989). After a defendant violates community control, however, and receives a prison sentence, jail time should be credited against the new prison sentence. Richards v. State,521 So.2d 292 (Fla. 1st DCA 1988). Time spent in juvenile detention is credited like time spent in county jail. E.R. v. State,584 So.2d 158 (Fla. 2d DCA 1991). Therefore, the trial court erred in denying credit for Smith's initial time in detention against his new prison sentence.

¶4Accordingly, we reverse. On remand, the trial court shall reconsider the amount of credit Smith should receive.

¶5BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.

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