May v. State

Full title: DWIGHT MAY, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 15, 2005

Case No. 3D05-477 (Fla. Dist. Ct. App. Jun. 15, 2005)

Opinion

Case No. 3D05-477.

Opinion filed June 15, 2005.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court of Miami-Dade County, David H. Young, Judge, Lower Tribunal No. 00-29713.

Dwight May, in proper person.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before LEVY, C.J., and RAMIREZ, and ROTHENBERG, JJ.

PER CURIAM.

Dwight May appeals the trial court's denial of his motion to correct illegal sentence in which he argued that he was entitled to jail credit for time served. We agree that May is entitled to jail credit for the time he served while he was incarcerated on unrelated charges.

A Miami-Dade County arrest warrant issued on September 4, 2000, while May was incarcerated in Broward County on unrelated charges. May was arrested and transported to Miami-Dade County on October 19, 2000, and sentenced on July 18, 2001. As the State concedes, May is entitled to credit for all of the time he served in jail prior to his sentence. See Tharpe v. State, 744 So. 2d 1256 (Fla. 3d DCA 1999); Taylor v. State, 726 So. 2d 348 (Fla. 3d DCA 1999). May is thus entitled to jail credit from September 4, 2000, until July 18, 2001.

Reversed and remanded for correction of sentence.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.