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6 Florida opinions name it 2 courts 1997–2014 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Chojnowski v. Stategreen2 sentences2014Of course, the trial court and counsel for the State and the defendant should be alert to see that provision is always made in sentencing for a defendant to receive credit for all time already served. 714 So. 2d 429, 433 (Fla. 1998) (emphasis supplied) (citation omitted) (quoting Chojnowski v. State, 705 So. 2d 915, 918 (Fla. 2d DCA 1997) (Altenbernd, J., concurring specially)). 1998As noted by Judge Altenbernd in Chojnowski , since a defendant is entitled to credit for time served as a matter of law, "common fairness, if not due process, requires that the State concede its error and correct the sentence `at any time.'" 705 So.2d at 918 (Altenbernd, J., concurring specially). | 4 | 4 |
State v. Mancinogreen2 sentences1999The Mancino decision clearly expresses the idea that a defendant is entitled to all credit for jail time served prior to sentencing. "[A] sentence that does not mandate credit for time served would be illegal since a trial court has no discretion to impose a sentence without crediting a defendant with time served." Id. "[S]ince a defendant is entitled to credit for time served as a matter of law, `common fairness, if not due process, requires that the State concede its error and correct the sentence "at any time."'" Id. (citation omitted). 1999The Mancino decision clearly expresses the idea that a defendant is entitled to all credit for jail time served prior to sentencing. "[A] sentence that does not mandate credit for time served would be illegal since a trial court has no discretion to impose a sentence without crediting a defendant with time served." Id. "[S]ince a defendant is entitled to credit for time served as a matter of law, `common fairness, if not due process, requires that the State concede its error and correct the sentence "at any time."'" Id. (citation omitted). | 3 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Richardson v. State
green
2 sentences1998If a comparable mathematical error is made on the face of a prisoner's record in calculating jail credit, I think common fairness, if not due process, requires that the State concede its error and correct the sentence "at any time." See Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (Allen, J., concurring in part and dissenting in part). 1997If a comparable mathematical error is made on the face of a prisoner's record in calculating jail credit, I think common fairness, if not due process, requires that the State concede its error and correct the sentence "at any time." See Richardson v. State, 698 So.2d 551 (Fla. 1st DCA 1997) (Allen, J., concurring in part and dissenting in part). | 2 | 1997–1998 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.