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Inclima v. State

District Court of Appeal of Florida, Fifth District
Oct 22, 1993
625 So. 2d 978 (Fla. Dist. Ct. App. 1993)
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Summary

withdrawing opinion sua sponte

Summary of this case from State v. Rosario
See 5 Summaries

Opinion

No. 93-1213.

October 22, 1993.

Appeal from the Circuit Court, Orange County, James C. Hauser, J.

Luke Inclima, pro se.

No appearance for appellee.

EN BANC

PER CURIAM.

We withdraw the opinion issued in this case sua sponte and replace it with the following en banc opinion.

Inclima appeals from a summary denial of his motion made pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking to correct a claimed illegal sentence because it fails to give him credit for time served in a New York state jail while awaiting extradition to Florida. The trial judge stated:

Defendant was not arrested and subsequently extradited on the charges contained in this case, but rather was arrested and extradited on charges of uttering a forgery. Mr. Inclima was not arrested on the charges herein until May 28, 1989, well after his return to Florida.

However, no documents were attached to this order.

In Kronz v. State, 462 So.2d 450 (Fla. 1985), the Florida Supreme Court held that although section 921.161(1) requires that credit be given against a criminal sentence for time spent in the county jail while being held on the criminal charges prior to sentencing, this mandatory direction applies only to Florida county jails. However, the court said the trial judge does have inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida.

[The] trial judge should consider the appropriateness of an award of credit for time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced.
Kronz, 462 So.2d at 451.

The trial court in this case apparently declined to exercise its discretion to give Inclima credit against his Florida sentence for time served in a New York state jail. It did so because it stated Inclima was being held in New York on other, unrelated criminal charges. In order to afford a meaningful review to the trial court's exercise of discretion, we remand this cause to the trial court for attachment of the records showing Inclima is not entitled to be considered for discretionary award of jail time credit against his Florida sentence.

To the extent this case conflicts with Longo v. State, 621 So.2d 502 (Fla. 5th DCA 1993), we recede from that case, in conformity with Kronz.

REMANDED for further proceedings.

HARRIS, C.J., and DAUKSCH, COBB, W. SHARP, GOSHORN, PETERSON, GRIFFIN, DIAMANTIS and THOMPSON, JJ., concur.

Summaries of

Inclima v. State

District Court of Appeal of Florida, Fifth District
Oct 22, 1993
625 So. 2d 978 (Fla. Dist. Ct. App. 1993)

withdrawing opinion sua sponte

Summary of this case from State v. Rosario

remanding in 3.800 proceedings where it was not clear whether the court had exercised its discretion or not

Summary of this case from Gomez v. State

remanding the cause to the trial court for attachment of the records showing that he was being held in New York on other, unrelated criminal charges, and therefore, not entitled to be considered for discretionary award of jail time credit against his Florida sentence

Summary of this case from Riscaldino v. State

In Inclima, the court observed that "[t]his requirement is now specifically contained in Florida Rule of Appellate Procedure 9.140(g), which became effective on January 1, 1993."

Summary of this case from Thomas v. State

In Inclima v. State, 625 So.2d 978 (Fla. 5th DCA 1993) (citing Kronz v. State, 462 So.2d 450 (Fla. 1985)), this court receded from it's decision in Longo to the extent that it conflicts with this court's clarification that there is no mandatory requirement that a defendant be given credit for time spent in jail in other states on Florida charges, although a trial judge does have inherent discretionary authority to award such credit.

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

Inclima v. State

Case Details

Full title:LUKE INCLIMA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 22, 1993

Citations

625 So. 2d 978 (Fla. Dist. Ct. App. 1993)

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