Amendments to 921.0017

1. Forbes v. Singletary

   684 So. 2d 173 (Fla. 1996)   Cited 27 times

   _____ It is further ordered that the defendant be allowed days time served between date of arrest as a violator following release from prison to the date of resentencing. The Department of Corrections shall apply original jail time credit and shall compute and apply credit for time served only pursuant to section 921.0017, Florida Statutes, on case/count

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2. Moore v. State

   755 So. 2d 806 (Fla. Dist. Ct. App. 2000)   Cited 3 times

   During defendant's original incarceration in the Department of Corrections, his 26.8 month sentence was shortened by 175 days of gain time. Section 921.0017, Florida Statutes (1995), provides:
3. Moore v. Stephens

   804 So. 2d 575 (Fla. Dist. Ct. App. 2002)   Cited 20 times

   Additionally, section 921.0017, Florida Statutes, requires that:

   PAGE 577
4. Hardenbrook v. State

   953 So. 2d 717 (Fla. Dist. Ct. App. 2007)   Cited 9 times

   In addition, Mr. Hardenbrook argues here as below that the trial court neglected to give him credit for time he spent in prison for grand theft before he was released on probation. The trial court acknowledged this omission in the original resentencing and filed an amended judgment and sentence in which it required the Department of Corrections to give Mr. Hardenbrook credit, for prior prison time. See § 921.0017, Fla. Stat. (2005) (providing that when probation is revoked, the sentencing court shall order credit for time served in state prison or county jail, upon recommitment to the Department of Corrections, and "shall direct the Department of Corrections to compute and apply credit" for prior prison credit). The second resentencing thus corrected the error, and mooted the claim of failure to give credit for time spent in prison before probation.

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5. Jenkins v. Dixon

   4:21-cv-219-AW-MJF (N.D. Fla. Sep. 23, 2022)

   7 more...

   Section 921.0017, Florida Statutes, provides:

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6. Jackson v. State

   147 So. 3d 1076 (Fla. Dist. Ct. App. 2014)   Cited 1 times

   See also,§ 921.0017, Fla. Stat. (2014) (providing that, following revocation of probation or community control on a split sentence, the trial court shall determine the amount of credit for jail time previously served and shall direct the Department of Corrections to calculate the amount of credit for prison time previously served on the split sentence).

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7. Joyner v. State

   988 So. 2d 670 (Fla. Dist. Ct. App. 2008)   Cited 18 times

   Sommers contended that he was entitled to additional credit for time served, namely, the time he served on his original prison sentence in the Department of Corrections. The State maintained that the defendant's plea agreement which resolved the second affidavit of violation (when the defendant was sentenced to community control and probation) amounted to a waiver of a claim of credit for time served when, eleven months later, the defendant was sentenced to fifteen years incarceration. This court disagreed, saving that the earlier agreement "does not amount to a global waiver of credit for all time served, as the state suggests." Id. at 380 n. 1. See generally § 921.0017, Fla. Stat. (2001) (requiring credit for time served in certain split sentence cases).

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8. Lindsey v. State

   335 So. 3d 1211 (Fla. Dist. Ct. App. 2021)

   Appellant, Maurice Lindsey, challenges an order denying his motion to correct an illegal sentence. As he was properly credited for the ten-year minimum mandatory he served upon his original conviction, we find no merit in the claim that the sentence imposed upon revocation of probation violated his constitutional safeguards against double jeopardy. See § 921.0017, Fla. Stat. (2021) (providing that when probation is revoked, the sentencing court shall order credit for time served in state prison or county jail, upon recommitment to the Department of Corrections, and "shall direct the Department of Corrections to compute and apply credit" for prior prison credit); § 948.06(2)(b), Fla. Stat. (upon violation of probation, the sentencing judge may "impose any sentence which it might have originally imposed before placing the probationer or offender on probation"); § 775.087(2)(a)1., Fla. Stat. ("Any person who is convicted of a felony ... and the conviction was for: ... [r]obbery ... and during the commission of the offense, such person actually possessed a ‘firearm’ or ‘destructive device’ as those terms are defined in s[ection] 790.001, shall be sentenced to a minimum term…
9. Rey v. State

   262 So. 3d 839 (Fla. Dist. Ct. App. 2018)   Cited 2 times

   The State concedes that Rey was entitled to both jail credit and prison credit. "A defendant sentenced to a probationary split sentence who violates probation and is resentenced to prison is entitled to credit for all time actually served in prison prior to his release on probation unless credit is waived." Scharman v. Crews, 123 So.3d 147, 148 (Fla. 1st DCA 2013). The record is not clear in this instance whether the trial court directed the Florida Department of Corrections, pursuant to section 921.0017 of the Florida Statutes, to compute the appropriate prison credit; nor, ultimately, is it clear whether Rey either waived the additional prison credit or is entitled to it. In the order on appeal, however, the trial court generally found that its credit calculations conform to its oral pronouncement of "all time served."

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10. Moore v. Stephens

    No. 5D01-539 (Fla. Dist. Ct. App. Nov. 16, 2001)

    Additionally, section 921.0017, Florida Statutes, requires that: