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Wheeler v. State

District Court of Appeal of Florida, First District
Aug 30, 2004
880 So. 2d 1260 (Fla. Dist. Ct. App. 2004)

Summary

holding that a "trial court cannot rescind jail credit after imposing it" because it results in an illegal enhancement of a defendant's sentence in violation of his double jeopardy rights

Summary of this case from Spear v. State

Opinion

No. 1D03-5212.

August 30, 2004.

An appeal from the Circuit Court for Columbia County. E. Vernon Douglas, Judge.

Appellant, pro se.

Charlie Crist, Attorney General; Sherri T. Rollison, Assistant Attorney General, Tallahassee, for appellee.


The appellant challenges the trial court's order summarily denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant has stated a facially sufficient claim that the trial court violated his constitutional protection against double jeopardy, we reverse.

In the instant rule 3.800 motion, the appellant alleges the trial court acted outside its jurisdiction and violated his double jeopardy rights by sua sponte rescinding jail credit for Count II that was previously awarded. The trial court summarily denied the appellant's motion.

A trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper. Lebron v. State, 870 So.2d 165, (Fla. 2d DCA 2004); Linton v. State, 702 So.2d 236 (Fla. 2d DCA 1997). "[T]o increase the penalty is to subject the defendant to double punishment for the same offense in violation of the Fifth Amendment to the Constitution, which provides that no person shall `be subject for the same offense to be twice put in jeopardy of life or limb.'" United States v. Benz, 282 U.S. 304, 306, 51 S.Ct. 113, 75 L.Ed. 354 (1931); see Troupe v. Rowe, 283 So.2d 857 (Fla. 1973). "[T]he rescinding of previously awarded jail credit is an enhancement of appellant's sentence for which there is no provision in the Florida Rules of Criminal Procedure. . . .[T]he enhancement of a sentence after its initial imposition violates the prohibition against double jeopardy." Linton, 702 So.2d at 236-37. Succinctly stated, the trial court cannot rescind jail credit after imposing it. Thus, the trial court's reduction in previously awarded jail credit illegally enhanced the appellant's sentence and violated his double jeopardy rights.

We therefore reverse the summary denial of the appellant's claim to correct illegal sentence and remand with instructions to the trial court to restore the rescinded credit.

REVERSED AND REMANDED.

WOLF, C.J., BARFIELD and WEBSTER, JJ., concur.


Summaries of

Wheeler v. State

District Court of Appeal of Florida, First District
Aug 30, 2004
880 So. 2d 1260 (Fla. Dist. Ct. App. 2004)

holding that a "trial court cannot rescind jail credit after imposing it" because it results in an illegal enhancement of a defendant's sentence in violation of his double jeopardy rights

Summary of this case from Spear v. State

holding that that a “trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper”

Summary of this case from Hyland v. State

holding "trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper," because to do so "is to subject the defendant to double punishment for the same offense"

Summary of this case from Session, v. State

holding that the rescinding of previously awarded jail credit is an enhancement of appellant's sentence in violation of double jeopardy

Summary of this case from Mehl v. State

granting a rule 3.800 motion, finding a sentence was rendered illegal when the trial court reduced previously awarded jail credit, even though that credit was improperly awarded

Summary of this case from Taylor v. State

reversing the summary denial of a rule 3.800 motion alleging the trial court violated the defendant's double jeopardy rights by sua sponte rescinding jail credit previously awarded, even if initial award was improper

Summary of this case from Rogers v. State

explaining that “ trial court may not sua sponte rescind jail credit previously awarded at any time even if the initial award was improper” because the rescission of previously awarded jail credit is an illegal sentence enhancement that violates the prohibition against double jeopardy

Summary of this case from Washington v. State

involving a claim of violation of double jeopardy rights in rescinded jail credit

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

Wheeler v. State

Case Details

Full title:Raymond E. WHEELER, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Aug 30, 2004

Citations

880 So. 2d 1260 (Fla. Dist. Ct. App. 2004)

Citing Cases

Spear v. State

Thus, Spear contends that, as a result, he has been subjected to double punishment for the same offense in…

Gallinat v. State

The First District, citing Lebron and Linton, has also followed the rule. See Wheeler v. State, 880 So.2d…