From Casetext: Smarter Legal Research

Gainer v. State

District Court of Appeal of Florida, Third District
May 21, 1997
693 So. 2d 719 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-1040

Opinion filed May 21, 1997.

An Appeal under Fla. R. App. P. 9.140(i) from the Circuit Court for Dade County, Alex E. Ferrer, Judge.

LOWER TRIBUNAL NO. 95-23288

Aric Antwan Gainer, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GERSTEN, and FLETCHER, JJ.


The defendant, Aric Antwan Gainer, claims that he should be awarded an extra 23 days as credit for time served before the imposition of his sentence. We agree and reverse.

The defendant was arrested on July 27, 1995, for various crimes. Prior to the defendant's incarceration on August 21, 1995, he was in the custody of the Juvenile Justice Detention Center. The State properly concedes that the defendant's award of 304 days as credit for time served did not include the days he was in the custody of the juvenile detention center. Accordingly, we reverse and remand for a determination of the defendant's pre-sentence credit for time served. See Knox v. State, No. 97-630, slip op. at 3 (Fla. 3d DCA April 30, 1997).

Reversed and remanded.


Summaries of

Gainer v. State

District Court of Appeal of Florida, Third District
May 21, 1997
693 So. 2d 719 (Fla. Dist. Ct. App. 1997)
Case details for

Gainer v. State

Case Details

Full title:ARIC ANTWAN GAINER, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 21, 1997

Citations

693 So. 2d 719 (Fla. Dist. Ct. App. 1997)

Citing Cases

Thompson v. State

Accordingly, the order denying Thompson's motion seeking credit for time served is reversed with directions…

State v. D.S

We find, however, that by, in effect, crediting the juvenile for "time served" in detention, the court…