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Leblanc v. State

District Court of Appeal of Florida, Third District
Mar 12, 2003
839 So. 2d 896 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-2333

Opinion filed March 12, 2003.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Lower Tribunal No. 00-287.

Bennett H. Brummer, Public Defender and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and RAMIREZ, JJ.


LeBlanc appeals from the denial of a motion for post- conviction relief seeking additional credit on his Monroe County sentence for the time he served in the Orange County jail from his arrest on April 14, 2002, to his transfer to Monroe County on May 21, 2002. We reverse with directions to award Keith LeBlanc credit for these 38 days.

The defendant need not be present.

The record uncontradictedly shows that LeBlanc was arrested in Orange County at least partially on a Monroe County fugitive warrant issued in the pending charge. Even though he may also have been subject, at least part of the time, to an Orange County charge, which was dropped on May 7, 2002, the law requires he be given credit for all the time served after the execution of the Monroe County warrant. Tharpe v. State, 744 So.2d 1256 (Fla.3d DCA 1999) (awarding jail credit against Monroe County sentence for time served in Miami-Dade County jail after issuance of Monroe County arrest warrant, even though defendant was also serving that time in Miami-Dade County jail on unrelated Miami-Dade County charges); James v. State, 721 So.2d 1265 (Fla.3d DCA 1998) (awarding jail credit against Dade County sentence for time served in Broward County jail after issuance of Dade County arrest warrant, even though defendant was also serving that time in Broward County jail on unrelated Broward County charges); Travis v. State, 724 So.2d 119 (Fla. 1st DCA 1998) (awarding jail credit against Escambia County sentence for time served in Santa Rosa County jail after transmission of Escambia arrest warrant, even though defendant was also serving that time in Santa Rosa County jail on unrelated Santa Rosa County charges). Compare Gethers v. State, 838 So.2d 504 (Fla. Case no. SC01-2639, opinion filed, January 16, 2003)[28 FLW S44](different rule when prisoner subject to detainer, not arrest).

Reversed.


Summaries of

Leblanc v. State

District Court of Appeal of Florida, Third District
Mar 12, 2003
839 So. 2d 896 (Fla. Dist. Ct. App. 2003)
Case details for

Leblanc v. State

Case Details

Full title:KEITH LEBLANC, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 12, 2003

Citations

839 So. 2d 896 (Fla. Dist. Ct. App. 2003)

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