Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995). · Go Syfert
Search
Hopping v. State, 650 So. 2d 1087 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
22 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: Morales v. State (fladistctapp, 2007-10-31)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) Morales v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
In Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995), this court held that "[w]hen a prisoner is incarcerated in another state on charges unrelated to the Florida charge, detainer, or warrant, that *388 prisoner is not entitled to credit for time served in the other state." See also Kronz v. State, 462 So.2d 450, 451 (Fla.1985) (holding that the jail credit statute applies to Florida jails only, not to jails in other states, but courts have discretion to award jail credit when the defendant is incarcerated in another state based solely on Florida charges); Tribble v. State, 958 So.2d 5…
cited Cited as authority (rule) Glover v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
See Kronz v. State, 462 So.2d 450, 452 (Fla. 1985); McRae v. State, 820 So.2d 1048, 1049 (Fla. 2d DCA 2002) (en banc); Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995).
discussed Cited as authority (rule) Pace v. State
Fla. Dist. Ct. App. · 2001 · confidence medium
In State v. Mancino, 714 So.2d 429, 433 (Fla.1998), the Florida Supreme Court held that jail credit issues are cognizable under rule 3.800(a), determining that “[a] sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time.” Id. at 432 (quoting Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995)).
discussed Cited as authority (rule) Blakley v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Section 921.161(1), Florida Statutes, states that a prisoner shall receive credit for time served in the county jail prior to sentencing and for time served between sentencing and transfer to the Department of Corrections.'" 714 So.2d at 432 , quoting from Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3rd DCA 1995).
cited Cited as authority (rule) Tharpe v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
See Kronz v. State, 462 So.2d 450, 451 (Fla.1985); Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995).
cited Cited as authority (rule) Picariello v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
See Kronz v. State, 462 So.2d 450, 451 (Fla.1985); Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995).
discussed Cited as authority (rule) Walker v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
We note, with respect to the jail time credit to which Appellant claims she is entitled, the supreme court, in State v. Mancino, 714 So.2d 429, 433 (Fla.1998)(holding jail credit issues are cognizable under rule 3.800(a)), agreed that “[a] sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time;” id. at 432 (quoting Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995)).
cited Cited as authority (rule) Kessell v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
See Kronz v. State, 462 So.2d 450, 451 (Fla.1985); Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995).
discussed Cited as authority (rule) State v. Mancino
Fla. · 1998 · confidence medium
In support of the Second District's conclusion, Mancino cites Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995), which states that failure to grant proper jail credit for time served is an illegal sentence under rule 3.800 since section 921.161(1), Florida Statutes (1995) affirmatively mandates that no sentence may be imposed without crediting a defendant with jail time already served.
cited Cited "see" Damien Broughton v. State of Florida
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See Hopping v. State, 650 So. 2d 1087, 1088 (Fla. 3d DCA 1995).
cited Cited "see" Perkowski v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See Hopping v. State, 650 So.2d 1087 (Fla. 3d DCA 1995).
cited Cited "see" Dennis v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Hopping v. State, 650 So.2d 1087, 1088 (Fla. 3d DCA 1995).
cited Cited "see" Carter v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Hopping v. State, 650 So.2d 1087 (Fla. 3d DCA 1995); Sims v. State, 441 So.2d 187 (Fla. 5th DCA 1983).
cited Cited "see" Rosales v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
Sims v. State, 441 So.2d 187 (Fla. 5th DCA 1983); see Hopping v. State, 650 So.2d 1087 (Fla. 3d DCA 1995).
Darren Scott HOPPING, Appellant,
v.
The STATE of Florida, Appellee.
94-2613.
District Court of Appeal of Florida, Third District.
Feb 22, 1995.
650 So. 2d 1087
Barkdull, Levy and Goderich.
Cited by 21 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 86%
Citer courts: District Court of Appeal of Fl… (1)

[*1088] Darren Scott Hopping, in pro per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before BARKDULL, LEVY and GODERICH, JJ.

BARKDULL, Judge.

Appellant seeks review of the trial court's summary denial of a rule 3.800 motion to correct an illegal sentence.

Hopping was convicted in Suwannee County, Florida, and incarcerated in the Opa Locka Community Correctional Institution in Dade County, Florida. Hopping escaped from Opa Locka and was arrested in Indiana on unrelated burglary charges. Hopping went to trial on the Indiana charges, was found guilty and was sentenced to five years with credit for time served. In April of 1994, Hopping was extradited to Florida, and in June of that year he was found guilty of escape. The trial court sentenced Hopping to a year and a day for escape. The escape sentence runs concurrent to the Suwannee County sentence and Hopping was given credit for time served between his extradition and conviction.

By this motion Hopping argues that his sentence is illegal in that he is entitled to credit, against the Suwannee County sentence, for time served from the date of his arrest in Indiana, on unrelated burglary charges, until his conviction for escape in Florida. Hopping reasons that his Suwannee County sentence was tolled when he escaped from Opa Locka but that when he was taken into custody in Indiana the clock automatically restarted on the Suwannee sentence.

A sentence which does not grant proper credit for time served is an illegal sentence which may be corrected at any time. See and compare Jones v. State, 635 So.2d 41 (Fla. 1st DCA 1994); Moorer v. State, 556 So.2d 778 (Fla. 1st DCA 1990). Section 921.161(1), Florida Statutes, states that a prisoner shall receive credit for time served in the county jail prior to sentencing and for time served between sentencing and transfer to the Department of Corrections. When a prisoner escapes his sentence is tolled, upon recapture that sentence restarts and time spent in the county jail awaiting trial on the escape count shall be credited towards the original sentence. See Adams v. Wainwright, 275 So.2d 235 (Fla. 1973). The term "county jail" is applicable only to Florida jails, see Kronz v. State, 462 So.2d 450 (Fla. 1985), and the decision to award credit for time served by an escapee, who has been incarcerated in another state, solely because of a Florida charge, detainer, or warrant, is squarely within the trial court's discretion. See Kronz. Absent a clear showing that the trial court has abused that discretion this court will not disturb the trial court's determination. See Puma Enterprises Corp. v. Vitale, 566 So.2d 1343 (Fla. 3d DCA 1990). When a prisoner is incarcerated in another state on charges unrelated to a Florida charge, detainer, or warrant, that prisoner is not entitled to credit for time served in the other state. See Sims v. State, 441 So.2d 187 (Fla. 5th DCA 1983).

With the above principles in mind, we hold that Hopping was not entitled to credit against the Suwannee County sentence for time served while incarcerated in Indiana on unrelated charges, and that the trial court properly credited the Suwannee County sentence only with time served from the time of Hopping's extradition from Indiana until the date of his conviction for escape.

Affirmed.