Summary
observing defendant entitled to jail time credit as matter of law; remanding for amendment of sentence to provide such credit against county jail time ordered as condition of community control
Summary of this case from Smith v. StateOpinion
No. 92-1072.
October 2, 1992.
Appeal from the Circuit Court for Volusia County; Richard B. Orfinger, Judge.
James B. Gibson, Public Defender, and Sophia B. Ehringer, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Foster, Jr., Asst. Atty. Gen., Daytona Beach, for appellee.
Because the trial judge orally promised appellant jail time credit and because appellant is entitled to such credit as a matter of law, we reverse that portion of the defendant's sentence which fails to give him credit for time served in the county jail before sentencing. On remand the trial court shall determine the exact credit for jail time before sentencing and amend the written sentence to provide such credit against the 270 days appellant is required to serve in the county jail as a specific condition of community control.
See Willis v. State, 543 So.2d 343 (Fla. 1st DCA 1989). See also Griner v. State, 523 So.2d 789 (Fla. 5th DCA 1988), Kemp v. State, 526 So.2d 214 (Fla. 5th DCA 1988); Meyers v. State, 524 So.2d 745 (Fla. 5th DCA 1988) (all holding that defendant is entitled to credit for time served in jail awaiting his trial and disposition as against jail term imposed as condition of probation).
SENTENCED VACATED; CAUSE REMANDED.
COBB, COWART and DIAMANTIS, JJ., concur.