The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Section 921.161(1), (2), Florida Statutes (2018), "requires the trial court to determine and give credit . . .
. . . State , 663 So.2d 681, 681 (Fla. 5th DCA 1995) ("[Section 921.161(1) ] establishes that jail time credit . . .
. . . See § 921.161(1), Fla. . . . State, 462 So.2d 450, 451 (Fla. 1985) (holding that section 921.161(1), Florida Statutes, requires a . . .
. . . See § 921.161, Fla. Stat. (2016) ; Kendrigan v. . . .
. . . credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161 . . . P. 3.801 ; see § 921.161, Fla. . . .
. . . Accordingly, a trial court's failure to award a defendant pre-sentence prison credit pursuant to section 921.161 . . . governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161 . . .
. . . credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161 . . .
. . . "The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record . . .
. . . Section 921.161(1), Florida Statutes (2015), governs jail-time credit: A sentence of imprisonment shall . . . The Florida Supreme Court has interpreted section 921.161(1) as requiring credit for time served “in . . . violation of community control, can he be given credit for time served on community control under Section 921.161 . . .
. . . credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161 . . .
. . . credit for any time served in jail after sentencing but before transfer to state prison”); see also § 921.161 . . .
. . . credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161 . . . defendant”), in pro se fashion, respectfully moves this Honorable Court for jail credit pursuant to section 921.161 . . .
. . . sentences failed to specify the amount of jail credit to which Long is entitled as required by section 921.161 . . .
. . . .” § 921.161(1), Fla. Stat. (2014). . . . .
. . . See § 921.161, Fla. Stat. (2011); Gethers v. . . .
. . . file a timely and facially sufficient motion, we draw the postconviction court’s attention to section 921.161 . . .
. . . spent in jail and to the 538 days she wore the GPS monitor while released on bond, pursuant to section 921.161 . . . monitoring in Patino’s case “is a coercive deprivation of liberty as contemplated under Florida Statute 921.161 . . . See § 921.161(1). . . . Section 921.161(1) requires credit for time served “in any institution serving as the functional equivalent . . .
. . . entitled to additional credit for time served in county jail before sentencing as provided in section 921.161 . . .
. . . in pro se fashion, respectfully moves this Honorable Court for iail credit pursuant to section 921.161 . . .
. . . See § 921.161(1)-(2), Fla. Stat.; Kitchen v. State, 20 So.3d 975 (Fla. 4th DCA 2009). . . .
. . . entitled to additional credit for time served in county jail before sentencing, as provided in section 921.161 . . .
. . . “The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record . . .
. . . Section 921.161, Florida Statutes, provides that defendants are entitled to credit for time served: A . . . The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161 . . .
. . . Section 921.161, Florida Statutes (2011), entitles a defendant to jail time credit for the time he or . . .
. . . State, 491 So.2d 543, 545 (Fla.1986); see § 921.161(1), Fla. . . .
. . . only to claims for credit for time “spent in the county jail before sentencing as provided in section 921.161 . . .
. . . . § 921.161(1), Fla. Stat. (2004). . . .
. . . credit for all the time he or she spent in the county jail before sentencing as provided in section 921.161 . . . governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161 . . . Section 921.161(1) (2012) provides that “the court imposing a sentence shall allow a defendant credit . . . The supreme court has held that the term “county jail” in section 921.161(1) “is applicable only to Florida . . .
. . . Section 921.161(1), Florida Statutes (2013), states that “[a] sentence of imprisonment shall not begin . . . all of the time she or he spent in the county jail before sentence.” “ ‘[W]hen, pursuant to section 921.161 . . .
. . . governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161 . . . credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161 . . .
. . . State, 941 So.2d 534, 535 (Fla. 4th DCA 2006) (quoting § 921.161(1), Fla. Stat. (2011)). . . . This credit for time served is mandatory under section 921.161 and includes any portion of jail time . . .
. . . See § 921.161, Fla. Stat. (2013). . . .
. . . appellant would be entitled to both increments of jail credit, as a criminal defendant must under § 921.161 . . .
. . . governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161 . . . credit for all of the time he or she spent in the county .jail before sentencing as provided in section 921.161 . . .
. . . local jail did not certify the information about his post-sentence jail time as required by section 921.161 . . .
. . . That case construed language now in section 921.161(1), Florida Statutes (2000), which provides: A sentence . . . The proper reading of section 921.161(1) is that a defendant is entitled to credit for each day in jail . . . We doubt that the legislature wrote section 921.161 to reward recidivism. . . . The language of section 921.161(1), Florida Statutes (2011), remains as it existed in 2000. . . .
. . . Section 921.161(1), Florida Statutes (2011), concerns credit for time served and provides, “A sentence . . . applies differently to concurrent and consecutive sentences, explaining that when, pursuant to section 921.161 . . .
. . . . § 921.161, Fla. Stat. (1999). . . .
. . . of the Department, he must seek relief through the inmate grievance procedure set forth in section 921.161 . . .
. . . Section 921.161(1), Florida Statutes (2010), provides that “the court imposing a sentence shall allow . . .
. . . See § 921.161, Fla. Stat. (2009); see also Clifton v. . . .
. . . that the Department has not granted correct [post-sentencing] credit in accordance with the section 921.161 . . .
. . . See § 921.161(1), Fla. Stat. (2007); Patterson v. . . .
. . . . § 921.161(1), Fla. Stat. (2010). . . . notwithstanding the terms of their plea agreements — that they were entitled to relief because section 921.161 . . . They simply claimed entitlement to the full amount of credit for time served authorized by section 921.161 . . .
. . . State, 927 So.2d 68, 70 (Fla. 1st DCA 2006) (citing § 921.161(1), Fla. Stat. (2004)). . . .
. . . order requiring the Broward Sheriffs Office (BSO) to prepare a Sheriffs Certificate pursuant to section 921.161 . . . The BSO prepared a Sheriffs Certificate pursuant to section 921.161, Florida Statutes, indicating that . . . (2) refers back to a similar phrase used in subsection 921.161(1) and means time spent in custody. . . . See id. § 921.161(1) (“time she or he spent in the county jail”). . . . Ilkhani is mistaken as to the amount of credit he is entitled to under section 921.161. . . .
. . . ANALYSIS Section 921.161(1), Florida Statutes (2004), sets forth the parameters for how the running of . . . Section 921.161(1) provides, in its entirety, as follows: “A sentence of imprisonment shall not begin . . . In Daniels, we clarified that section 921.161(1) applies differently to concurrent than consecutive sentences . . . , explaining as follows: [W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time . . .
. . . initially that the statute on credit for pretrial detention speaks of jail time, not prison time: Section 921.161 . . .
. . . . § 921.161(1), Fla. Stat. (2008). . . . He was therefore entitled to credit under section 921.161(1) for the time he spent in jail between June . . .
. . . Section 921.161(1), Florida Statutes (2006), provides in pertinent part that “the court imposing a sentence . . .
. . . .” § 921.161(1), Fla. Stat. (2006). . . . Styled "Motion to Allow Jail Credit,” appellant’s motion indicates it was filed pursuant to section 921.161 . . .
. . . defendant receives concurrent sentences on multiple charges: [W]e find that when, pursuant to section 921.161 . . .
. . . . § 921.161(1), Fla. Stat. (2004). This statute is easy to apply when a single offense is involved. . . .
. . . Section 921.161, Florida Statutes, provides as follows: (1) A sentence of imprisonment shall not begin . . . See § 921.161(2), Fla. Stat. . . .
. . . See § 921.161, Fla. Stat. (2004). He claims manifest injustice will result if his motion is denied. . . .
. . . See § 921.161(1), Fla. Stat. (2008). . . . See § 921.161(2), Fla. Stat. (2008); see also Smith v. . . .
. . . See § 921.161, Fla. Stat. (2003). . . . The defendant also appears to allege that the jailer’s certificate under subsection 921.161(2), Florida . . .
. . . See § 921.161(1), Fla. Stat. (2006). . . . Wainwright, 465 So.2d 1262, 1263 (Fla. 5th DCA 1985); see also § 921.161(1) (“[T]he court imposing a . . .
. . . See § 921.161(1), Fla. Stat. (2008). . . .
. . . an inmate believes that the Department has not granted correct credit in accordance with the section 921.161 . . .
. . . . § 921.161(1), Fla. Stat. (2008). . . .
. . . . § 921.161, Fla. Stat. (2007). . . .
. . . See § 921.161(1), Fla. Stat. (2005); Daniels v. State, 491 So.2d 543, 545 (Fla.1986). . . .
. . . was resentenced, he served five years on each of his concurrent sentences, and pursuant to section 921.161 . . . Section 921.161 is not applicable to this case because it addresses the requirement for county jail time . . .
. . . .” § 921.161(1), Fla. Stat. (2004). . . .
. . . The court reasoned that, under section 921.161(1), the trial court had no discretion to deny credit for . . .
. . . See § 921.161(1), (2), Fla. Stat. (1985). Affirmed in part. Remanded in part with directions. . . .
. . . .” § 921.161(1), Fla. Stat. (2007) (emphasis added). . . .
. . . See § 921.161(2), Fla. Stat. (2006). FARMER, GROSS and HAZOURI, JJ., concur. . . .
. . . Section 921.161(1), Florida Statutes (2005), provides in pertinent part that “the court imposing a. sentence . . . We conclude that section 921.161(1) must be interpreted in favor of Mr. . . .
. . . Out-of-state jail credit is not mandated under section 921.161(1), Florida Statutes (2006). . . .
. . . State, 838 So.2d 504, 506 (Fla.2003) (“[W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence . . .
. . . See § 921.161, Fla. Stat. (2005). . . . sentence to have begun when it should have been imposed, was decided before the enactment of section 921.161 . . .
. . . December 14, 2005, he served five years on each of his concurrent sentences, and pursuant to section 921.161 . . . Section 921.161 is not applicable to this case because it addresses the requirement for county jail time . . .
. . . whether a criminal defendant formerly incompetent to stand trial is entitled to jail-credit under section 921.161 . . . Sanchez Is Not Entitled to Jail-Credit For The Time He Was Detained Without Charges Pending Section 921.161 . . . Talr-Mason clearly establishes not one, but a two-part test for the extension of jail-credit under section 921.161 . . . indistinguishable from Morgan and decline to extend Tal-Mason to award Sanchez jail-credit under section 921.161 . . .
. . . Perhaps this is why there is no comparable statute [to section 921.161(1) ] found in Chapter 985. . . .
. . . .” § 921.161, Fla. Stat. (2006). . . .
. . . . § 921.161; Ga.Code Ann. § 17-10-11; Haw. Rev.Stat. § 706-671; Idaho Code Ann. § 18-309; 730 Ill. . . .
. . . Section 921.161(1), Florida Statutes, provides, in relevant part: “[T]he court imposing a sentence shall . . . allow a defendant credit for all of the time she or he spent in the county jail before sentence.” § 921.161 . . . “The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record . . .
. . . Section 921.161(1), Florida Statutes (2005), provides: A sentence of imprisonment shall not begin to . . . State, 515 So.2d 738 (Fla.1987), interpreted section 921.161(1), Florida Statutes, to apply to any period . . .
. . . See § 921.161(1), Florida Statutes; Dunn v. State, 819 So.2d 990 (Fla. 1st DCA 2002). . . .
. . . See § 921.161(2), Fla. Stat. (2005). . . .
. . . Section 921.161(1), Florida Statutes provides: A sentence of imprisonment shall not begin to run before . . . State, 462 So.2d 450 (Fla.1985), addressed the issue of whether section 921.161(1) requires a trial judge . . .
. . . In my view, the statute that governs such instances is section 921.161(1), which provides in pertinent . . . State, 515 So.2d 738, 740 (Fla.1987) (“For these reasons, we decline to read section 921.161(1), Florida . . .
. . . its interpretation of the statute authorizing credit for time served in jail before sentence, section 921.161 . . . allow a defendant credit for all of the time sKe or he spent in the county jail before sentence.” § 921.161 . . .
. . . The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record . . .
. . . . § 921.161(1), Fla. Stat. (2005). . . . State, 346 So.2d 1055, 1055 (Fla. 2d DCA 1977) (holding that under section 921.161(1), the “trial court . . . PRECOMMITMENT CREDIT IN THE JUVENILE DELINQUENCY SYSTEM No provision corresponding to section 921.161 . . . Perhaps this is why there is no comparable statute [to section 921.161(1) ] found in Chapter 985. . . .
. . . Section 921.161(1), Florida Statutes, provides: (1) A sentence of imprisonment shall not begin to run . . .
. . . with instructions that the trial court check the box awarding prison time credit pursuant to section 921.161 . . .
. . . Section 921.161(1), Florida Statutes (2004), directs that any person sentenced must receive credit for . . . prosecution will result in no sentence against which time spent in jail must be credited under section 921.161 . . .
. . . Section 921.161(1), Florida Statutes (1987), provides: A sentence of imprisonment shall not begin to . . .
. . . State, 842 So.2d 999, 1000 (Fla. 2d DCA 2003); § 921.161(2), Fla. Stat. (2000); Williams v. . . .
. . . Section 921.161 of the Florida Statutes provides that a defendant is enti-tied to receive credit for . . .
. . . State, 491 So.2d 543, 545 (Fla.1986) (holding that “when, pursuant to section 921.161(1), a defendant . . .