From Casetext: Smarter Legal Research

Thomas v. State

District Court of Appeal of Florida, Fifth District
Jan 22, 1993
612 So. 2d 684 (Fla. Dist. Ct. App. 1993)

Summary

In Thomas, the court held that the trial court rather than DOC must determine the exact amount of credit for time actually served on a previously imposed prison sentence.

Summary of this case from Mongiouvi v. State

Opinion

No. 92-1162.

January 22, 1993.

Appeal from the Circuit Court, Orange County, John H. Adams, Sr., J.

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

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


This 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.

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

SENTENCE VACATED; REMANDED FOR RESENTENCING.

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


Summaries of

Thomas v. State

District Court of Appeal of Florida, Fifth District
Jan 22, 1993
612 So. 2d 684 (Fla. Dist. Ct. App. 1993)

In Thomas, the court held that the trial court rather than DOC must determine the exact amount of credit for time actually served on a previously imposed prison sentence.

Summary of this case from Mongiouvi v. State
Case details for

Thomas v. State

Case Details

Full title:PAUL THOMAS A/K/A HAROLD F. BURR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 22, 1993

Citations

612 So. 2d 684 (Fla. Dist. Ct. App. 1993)

Citing Cases

Young v. Fla. Comm'n on Offender Review

However, at its roots, Young's second claim challenges his sentence. Sentencing is the obligation of the…

Pearson v. Moore

No person belonging to one branch shall exercise any powers appertaining to either of the other branches…