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Tinker v. State

District Court of Appeal of Florida, Second District
Nov 14, 2003
870 So. 2d 79 (Fla. Dist. Ct. App. 2003)

Summary

holding that because affidavit of violation of probation was issued in both cases for which Tinker was serving probation, absence of one case number from arrest warrant was clerical error and Tinker was entitled to jail credit in both cases

Summary of this case from Duffy v. State

Opinion

Case No. 2D03-3032.

Opinion filed November 14, 2003.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Polk County; Ralph Artigliere, Judge.


Kimberly Ann Tinker challenges the trial court's order summarily denying her request for jail credit pursuant to Florida Rule of Criminal Procedure 3.800. An affidavit of violation of probation was filed against Tinker bearing the case numbers of both cases for which Tinker was serving probation. However, it appears that due to a clerical error, only one of the case numbers appeared on the arrest warrant. Therefore, Tinker was technically taken into custody on only one of the cases and, at sentencing, received credit for time served only in the one case.

Our review of the record indicates that she was arraigned on the affidavit for both cases at the same arraignment hearing, admitted to violating the terms of both probation orders at the same court appearance, and was sentenced for both violations on the same day based on a single scoresheet. The order finding the violation of probation contained both case numbers, and the trial court imposed the same sentence for each case, the sentences to be served concurrently.

Although Tinker was entitled to credit against each sentence she received for the time she spent in jail on the charge leading to the sentence, see Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986), due to the mistake on the warrant, the trial court only credited her with the time she spent in jail on one of the violations. This was error. Accordingly, we conclude that Tinker was actually being held for violating her probation in both cases and, but for the mistake on the warrant, would have received credit for the time she served in jail awaiting the disposition of the cases on both case numbers. Therefore, we reverse the trial court's order denying Tinker the credit and remand with instructions to grant the relief requested.

Reversed and remanded.

FULMER and WALLACE, JJ., Concur.


Summaries of

Tinker v. State

District Court of Appeal of Florida, Second District
Nov 14, 2003
870 So. 2d 79 (Fla. Dist. Ct. App. 2003)

holding that because affidavit of violation of probation was issued in both cases for which Tinker was serving probation, absence of one case number from arrest warrant was clerical error and Tinker was entitled to jail credit in both cases

Summary of this case from Duffy v. State

holding that defendant was entitled to jail credit in two cases where defendant was being held for violating her probation in both cases

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

Tinker v. State

Case Details

Full title:KIMBERLY ANN TINKER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 14, 2003

Citations

870 So. 2d 79 (Fla. Dist. Ct. App. 2003)

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