Florida/Georgia Personal Injury & Workers Compensation

...596 So.2d at 76-77 n. 1. 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....

...Judge Barkdull, writing for the Third District, reasoned: 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....

...GRIMES, J., dissents with an opinion, in which SHAW, J., concurs. GRIMES, Justice, dissenting. The majority is mixing apples with oranges. At one time it was within the judge's discretion whether to award a defendant credit for the time served in jail prior to being sentenced. § 921.161, Fla....

...Formerly, the determination as to whether the defendant should be allowed credit for all or part of the time spent in county jail before sentencing was left to the sole discretion of the sentencing court. In 1973, however, the legislature amended section *545 921.161(1) to provide that the court must allow a defendant credit for all of the time spent in the county jail before sentencing. See ch. 73-71, Laws of Fla. Consistent with the views of the First, Second, and Fourth District Courts of Appeal, we find that when, pursuant to section 921.161(1), a defendant receives presentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served....

...Lucie County Jail awaiting resolution of the St. Lucie County charges. Gethers, 798 So.2d at 832-33. We agree with the Fourth District. Discussion The seminal case on the issue of credit for time served is Daniels v. State, 491 So.2d 543 (Fla.1986). In Daniels, we found that "when, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served." Id....

...But the court also agreed with Judge Barkdull that: "`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.'" 714 So.2d at 432, quoting from Hopping v....

...Leukel of Florida Institutional Legal Services, Inc., Gainesville, for petitioner. Robert A. Butterworth, Atty. Gen. and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for respondent. BARKETT, Justice. We have for review State v. Tal-Mason, 492 So.2d 1179 (Fla. 4th DCA 1986), which expressly declared valid section 921.161(1), Florida Statutes (1985)....

...The court granted Tal-Mason credit for the additional thirteen days of jail time, but denied credit for time in state institutions. Tal-Mason filed a motion for rehearing, which was granted. Oral arguments were held July 10, 1985. At that time, the trial court reversed its prior decision and held section 921.161(1), Florida Statutes, unconstitutional as applied to Tal-Mason....

...1981), which upheld the constitutionality of the statute in question and announced that [h]alfway houses, rehabilitative centers, and state hospitals are not jails. Their purpose is structured rehabilitation and treatment, not incarceration.... Our statute, section 921.161(1), states: "[T]he court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence." ......

...ry definition of a "jail." State v. Mackley, 220 Kan. 518, 519, 552 P.2d 628, 629 (1976). We similarly take judicial notice of the facilities for enforced confinement that exist in Florida's mental institutions. For these reasons, we decline to read section 921.161(1), Florida Statutes, as a statement that jail-time credit may only be granted for time spent in an institution formally designated as a "county jail." Such a reading would elevate form over substance to the detriment of a significant...

...fendant as though he were in the county jail. To grant no jail-time credit for this kind of detention while allowing it for others constitutes a violation of equal protection and a denial of due process. We therefore hold that jail-time credit under section 921.161(1) must be awarded for Tal-Mason's preconviction coercive detention....

...OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur. McDONALD, C.J., dissents with an opinion. McDONALD, Chief Justice, dissenting. While the majority opinion may be a desirable result, to reach that conclusion I feel we are impermissibly rewriting section 921.161(1), Florida Statutes (1985). NOTES [*] Section 921.161(1) states: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...ments, they contracted to accept a specific amount of credit for time served. In their motions filed under rule 3.800(a), Johnson and Joyner claimed — notwithstanding the terms of their plea agreements — that they were entitled to relief because section 921.161(1), Florida Statutes (2006), created a statutory right to credit for time served while awaiting sentencing and they did not receive “all of the credit to which they were entitled....

...Johnson and Joyner did not assert in their rule 3.800(a) motions that their plea agreements should be set aside because they were unaware of the credit-for-time-served provisions or because their pleas were otherwise involuntary. They simply claimed entitlement to the full amount of credit for time served authorized by section 921.161(1)....

...V, § 3(b)(4), Fla. Const. Petitioner was arrested and held in South Carolina on a fugitive warrant for an escape from a Florida jail. He unsuccessfully fought extradition and eventually pleaded guilty to the escape charge. The question presented is whether section 921.161(1), Florida Statutes (1983), requires a trial judge to give credit for time served in a jail in another state when the defendant's incarceration is solely for a charged Florida offense. Section 921.161(1) provides as follows: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...State, 302 So.2d 147 (Fla. 1st DCA 1974), denied petitioner's motion to amend his sentence to reflect credit for the time he had served in the South Carolina jail. The district court affirmed, also relying upon its prior decision in Kurlin, in which it held that section 921.161(1) was not "applicable to periods of time incarcerated in other states." 302 So.2d at 151....

...view, was not intended by the legislature to apply to various places of incarceration in other jurisdictions. We note that the award of credit for time served in Florida jails prior to sentencing has not always been a matter of right. Prior to 1973, section 921.161 provided that the only credit that must be given was for that time served in a "county jail" between the imposition of sentence and the defendant's transfer to the state prison system. § 921.161(2), Fla. Stat. (1969). Clearly, the incarceration referred to in that statute could have been only in a Florida county jail. Section 921.161(1), Florida Statutes (1969), also gave the trial judge discretionary authority to award credit for time sewed in county jails prior to sentencing. This provision was amended in 1973 to mandate that such credit be given. Ch. 73-71, Laws of Fla. Interpreting the term "county jail," as used in sections 921.161(1) and (2), we conclude that section 921.161(1) requires the trial judge to give credit only for time served in Florida county jails pending disposition of criminal charges....

...I would therefore hold that a Florida defendant held before trial on Florida charges in a jail outside the state is entitled to the same *452 benefit for pre-trial time served as a similarly situated defendant held "in the county jail before sentence" under section 921.161(1)....

...Minerva, Asst. Public Defender, for appellant. Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee. McCORD, Judge. The question presented on this appeal is whether or not the trial judge gave correct application to Section 921.161(1), Florida Statutes, F.S.A., (as amended by Ch....

...epts under the United States and Florida Constitutions to disallow her credit for the time served at the rehabilitation center. Petitioner first asserts that this case is controlled by our decision in State v. Jones, 327 So.2d 18 (Fla. 1976), and by section 921.161(1), Florida Statutes (1977), which require that upon probation revocation, a defendant must be credited for any time served in county jail....

...State, 609 P.2d 539 (Alaska 1980); People v. Rodgers, 79 Cal. App.3d 26, 144 Cal. Rptr. 602 (1978); People v. Stange, 91 Mich. App. 596, 283 N.W.2d 806 (1979). Those jurisdictions, however, have controlling statutes which require that result. Our statute, section 921.161(1), states: "[T]he court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence" (emphasis ours)....

...case with appropriate documents; and (2) under rule 3.800(a), the state and trial court are not required to determine the amount of presentence time a prisoner served. At the outset, appellant's entitlement to credit for jail-time served arises from section 921.161, Florida Statutes, which provides in pertinent part: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...The trial court summarily denied the motion. Cregan then filed a motion to correct his sentence under Florida Rule of Criminal Procedure 3.850. He again argued that his drug rehabilitation program was the functional equivalent of jail time and, under section 921.161(1), Florida Statutes (2003), should have been credited against his sentence....

...without affording Cregan an evidentiary hearing." Id. The district court certified conflict with Toney, 817 So.2d at 926, and Molina, 867 So.2d at 645, both of which upheld the denial of credit as a matter of law. We now resolve the conflict. II. ANALYSIS The statute that governs jail-time credit is section 921.161(1), Florida Statutes (2003)....

...Fraser involved the following certified question: "When the trial court sentences a defendant to a period of time under the Department of Corrections, pursuant to a violation of community control, can he be given credit for time served on community control under section 921.161, Florida Statutes (1985)?" Id....

...unity control is significantly more restrictive than time spent purely on community control, and that an evidentiary hearing is necessary to determine whether his particular program was the functional equivalent of time served in a county jail under section 921.161(1)....

...detainer. Thus, the jail credit was increased to 405 days. The defendant appeals, seeking additional credit for the period between July 27, 1988, and April 11, 1990. I. We note that the defendant's unsworn motion recites that it is filed pursuant to section 921.161(1), Florida Statutes (1991)....

...1984), where the court held that concurrent sentences for identical terms do not compel presentence jail-time credit on each sentence. However, the Florida Supreme Court disapproved Green in Daniels v. State, 491 So.2d 543 (Fla. 1986). We begin our analysis in this case with section 921.161(1), Florida Statutes (1991), which provides in pertinent part that "the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence." In Daniels v. State, 491 So.2d 543, 545 (Fla. 1986), the Florida Supreme Court held that "when, pursuant to section 921.161(1), a defendant receives presentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served." (Emphasis in original)....

...concurrent ... sentences to be followed by probation, the time spent in [custody] related to both charges, thus entitling him to credit ... on both charges." Jones v. State, 633 So.2d 482, 483 (Fla. 1st DCA 1994). The trial court denied the motion. Section 921.161(1), Florida Statutes (2004), directs that any person sentenced must receive credit for all time spent in jail prior to the imposition of sentence....

...But the precise legal consequences of spending time in jail before initial sentencing can remain unclear until acquittal or sentencing. If a defendant is acquitted of all charges, of course, his prosecution will result in no sentence against which time spent in jail must be credited under section 921.161(1)....

...The lower court erred in failing to credit Dailey with time served as a condition of probation. Jeffrey v. State, 456 So.2d 1307 (Fla. 1st DCA 1984); Kronz v. State, 462 So.2d 450 (Fla. 1985). The error of failure to credit jail time spent may be raised for the first time on direct appeal due to the mandatory requirement of Section 921.161(1), Florida Statutes (1983), which provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...is not entitled to such credit. 17 In Kronz, the Florida Supreme Court examined the state statute providing that "the court imposing a sentence shall allow a defendant credit for all the time spent in the county jail before sentence." Fla.Stat. Sec. 921.161(1)....

...Kronz was arrested and held in South Carolina on a fugitive warrant for an escape from a Florida jail. He unsuccessfully fought extradition and eventually pleaded guilty to the escape charge. Kronz sought credit for time served in South Carolina. The Florida Supreme Court concluded that Section 921.161(1) "requires the trial judge to give credit only for time served in Florida county jails pending disposition of criminal charges....

...Jackson v. Alabama, 530 F.2d at 1235 (quoting Gremillion v. Henderson, 425 F.2d 1293, 1294 (5th Cir.1970)); Cobb v. Bailey, 469 F.2d 1068, 1070 (5th Cir.1972). Florida did, however, decide to permit jail time credit as a matter of legislative grace. Section 921.161(1) of the Florida Statutes provides a defendant with credit for all pretrial time spent in the county jail....

...of conviction for trespass and the sentence on the felony conviction is hereby vacated. [5] However, the record before us indicates that the time for which the accused was entitled to credit for time he spent in the county jail before sentence under section 921.161(1), Florida Statutes, alone exceeds the maximum punishment for the second degree misdemeanor....

...On one of the attempted murder sentences, defendant was given credit for 271 days jail time served. Defendant has three points on appeal, two of which concern sentencing and have merit. We affirm defendant's conviction but remand for correction of sentences. First, defendant correctly argues that the court erred under section 921.161(1), Florida Statutes (1981), by crediting on only one of his sentences the 271 days of jail time served....

...The Fourth District also certified conflict with the decision of the Third District Court of Appeal in Tharpe, which came to an opposite conclusion based on substantially similar facts. See id. at 448 (explaining conflict with Tharpe, 744 So.2d 1256). II. ANALYSIS Section 921.161(1), Florida Statutes (2004), sets forth the parameters for how the running of a sentence is calculated, including how pre-sentence jail-time credit is awarded. Section 921.161(1) provides, in its entirety, as follows: "A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...e." (Emphasis added.) While establishing that a defendant is entitled to credit for presentence jail time, the statute does not distinguish between concurrent and consecutive sentences, and no other statute is on point. In Daniels, we clarified that section 921.161(1) applies differently to concurrent *694 than consecutive sentences, explaining as follows: [W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served....

...derblomen v. State, 709 So.2d 144, 23 Fla. L. Weekly D795 (Fla. 1st DCA March 24, 1998). As noted, that holding was recently rejected by the Florida Supreme Court. Whenever the record reflects that jail credit was not properly awarded as mandated by section 921.161(1), the sentence is an "illegal" sentence which may be challenged under rule 3.800(a)....

...erved on his original jail sentence, the time he served in bootcamp, and the time he served after being arrested on the warrant. While a defendant is entitled to receive credit for the time he served in a county jail before his sentence was imposed, § 921.161, Fla....

...e for the original period of incarceration. The Department of Corrections found the error and communicated assurances that Wilson would receive the appropriate credits. Nevertheless, Wilson is entitled to a judicial award of proper jail time credit. § 921.161(1), Fla....

...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....

...Inasmuch as we have not been presented with copies of underlying documents such as the sentencing orders, it is impossible for us to determine whether petitioner was granted credit on his sentences, or any of them, for time served in jail while awaiting sentencing, as is authorized by F.S. § 921.161....

...The sentence on Count III is reversed for resentencing as indicated in this opinion. On remand the sentence should be corrected to specifically set forth the period of credit time to which appellant is entitled by law. See Smith v. State, 310 So.2d 770 (Fla. 2d DCA 1975); § 921.161(1), Fla....

...It is apparent therefore that the sentence appealed must be reversed and this case remanded for further proceedings consistent herewith. We now turn to appellant's contention that the trial court erred in failing to credit "jail time" in accordance with Florida Statute 921.161(1) as amended by Chapter 73-71 Laws of Florida 1973....

...We are not unmindful of the statement of Justice Boyd of our Supreme Court in State ex rel. Argersinger v. Hamlin, Sup.Ct.Fla. 1970, 236 So.2d 442 that "From the inside all jails look alike": However we do not construe the requirement in Florida Statute 921.161(1), which requires that the defendant be allowed credit for all of the time he spent in "the county jail" before sentence, to be applicable to periods to time incarcerated in other states....

...ting trial. She contends she should get credit on each sentence rather than one sentence only. We cannot agree with the appellant that concurrent sentences for identical terms of years compel presentence jail time credit on each sentence. Nothing in section 921.161, Florida Statutes (1981), requires, or even suggests, this construction....

...eeks spent in jail as a condition of his probation. We find there is substantial competent evidence supporting the trial court's finding that appellant violated one or more conditions of his probation and the revocation of his probation is affirmed. Section 921.161(1), Florida Statutes (1979), requires that the court imposing a sentence allow a defendant credit for all of the time he spent in the county jail before sentence....

...5th DCA 1981), because it causes a problem when, as here, an appellant contends *135 that he did not receive the credit to which he is entitled under the sentencing statute and we cannot determine from the record before us whether his contention is correct or not. Section 921.161(1), Florida Statutes (1979), specifies that "the credit must be for a specified period of time and shall be provided for in the sentence." In order for an appellate court to determine, when the issue is raised, that a defendant has be...

...[1] The question before us is whether the agreement operated as a waiver of the defendant's claim for the 122 days he served in 2004. By statute a defendant is to be given "credit for all of the time she or he spent in the county jail before sentence." § 921.161(1), Fla....

...Finally, Gisi claims the trial court was required to give credit for time served on each of the three resentenced counts. He argues that, until he was resentenced on December 14, 2005, he served five years on each of his concurrent sentences, and pursuant to section 921.161, Florida Statutes (1997), credit for time served on each count is mandatory....

...In other words, the total credit Gisi seeks is fifteen years—five years on each of his new consecutive sentences. We cannot adopt this logic because it elevates a legal fiction into a reality that would thwart society's ability to have its judges fully impose a punishment that the judges believe to be appropriate. Section 921.161 is not applicable to this case because it addresses the requirement for county jail time credit incurred while a defendant awaits sentencing and does not address the application of state prison time served prior to a resentencing....

...5th DCA 1980); Adams v. State, 387 So.2d 498 (Fla. 5th DCA 1980). The First District Court of Appeal held in Bracey v. State, 356 So.2d 72 (Fla. 1st DCA 1978), that jail time as a condition of probation was not a "sentencing" which requires credit for prior time served (section 921.161(1), Florida Statutes), and the Second District Court of Appeal ruled in State v....

...*389 WENTWORTH, Judge. After appellant's probation was revoked, he was sentenced to two years' imprisonment. The only error raised in this appeal is the failure of the trial judge to allow 87 days of credit for time already spent in jail as required by § 921.161, Florida Statutes....

...edit. On appeal from denial of the motion, the Fifth District said: [DOC] found the error and communicated assurances that Wilson would receive the appropriate credits. Nevertheless, Wilson is entitled to a judicial award of proper jail time credit. § 921.161(1), Fla....

...credited with the time served in that status. The trial court denied the motion and defendant has appealed. As we construe the decision in Tal-Mason v. State, 515 So.2d 738 (Fla. 1987), credit for time served in house arrest was correctly denied. Subsection 921.161(1), Florida Statutes (1991), provides that "the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence." Tal-Mason held that where a defendant was involuntarily committ...

...ed two questions to the supreme court. One of those questions asked whether a trial court "can" give credit for time served on community control. Thus, the issue before the supreme court in Fraser was whether the trial court had the discretion under section 921.161, Florida Statutes (1989), to give jail credit for successfully completed periods of community control....

...the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by F.S. § 921.161(1), Grine v....

...Gethers filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The circuit court denied the motion, relying on Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992). The seminal case in this area is Daniels v. State, 491 So.2d 543 (Fla.1986). That case construed language now in section 921.161(1), Florida Statutes (2000), which provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...a defendant spends time in jail awaiting final resolution of a case in the county where charges are pending. The statute was not written to accommodate the mobile, prolific offender whose criminal transgressions span the state. The proper reading of section 921.161(1) is that a defendant is entitled to credit for each day in jail attributable to the charge for which a sentence is pronounced....

...cases a defendant has pending around the state. The statute should not be construed so that the credit value of a day in jail expands with the number of cases a defendant has pending in different Florida counties. We doubt that the legislature wrote section 921.161 to reward recidivism....

...[1] We have distinguished between the lodging of a detainer and an arrest for the purpose of triggering the running of speedy trial time. See State v. Fives, 409 So.2d 221, 221 (Fla. 4th DCA 1982); see also Edwards v. Allen, 603 So.2d 514, 515-16 (Fla. 2d DCA 1992). A similar distinction holds for the purpose of applying section 921.161(1)....

...The time Gethers spent in the Broward County jail, in state prison, and in the Charlotte County *833 jail was not solely attributable to the St. Lucie County charges. Those periods of incarceration were the result of criminal conduct unrelated to the St. Lucie County case. They were outside the section 921.161(1) requirement for county jail time credit....

...itled to seventy-five days credit for time served. KLEIN and SHAHOOD, JJ., concur. NOTES [1] We do not reach the issue of whether there should be a distinction between the execution of an arrest warrant and the placement of a detainer in computing a section 921.161(1) jail time credit....

...The judgment and sentence does not reflect appellant was given credit for any time previously served. This was appellant's ninth point and it warrants our consideration. Appellant was in custody while the proceedings below were underway. Accordingly, he was entitled to credit for such time. F.S. 921.161(1) (1973)....

...The fifteen-day period of incarceration for which it appears appellant has not received jail time credit was served in county jail following his conviction and sentencing on April 13, 1982, and preceding his transfer to the state correctional institute on April 28, 1982. Under the provisions of section 921.161(2), Florida Statutes (1981), a defendant must receive jail time credit for all postconviction and postsentencing incarceration in county jail that is served prior to *822 being placed in the custody of the Department of Corrections....

...tence. The record further indicates that appellant remained incarcerated in county jail during this fifteen-day interim period. Accordingly, appellant's contention that he has been deprived of fifteen days of jail time credit is correct. The text of section 921.161(2) implicitly imposes upon the Department of Corrections, and not the trial court, the responsibility of granting appellant postsentencing jail time credit....

...Appellant's revocation was based on his violating the program's rules. We affirm the revocation but remand for an evidentiary hearing on the credit question. In being sentenced on revocation of probation, a probationer is entitled to credit for time served in county jail as a condition of the probation. § 921.161(1), Fla.Stat....

...1992), holding that Pope applies retroactively. The second question asks: When the trial court sentences a defendant to a period of time under the Department of Corrections, pursuant to a violation of community control, can he be given credit for time served on community control under section 921.161, Florida Statutes (1985)? Fraser, 582 So.2d at 172....

...ioner spent in jail pending his escape trial. [3] However, upon analysis a basic distinction arises as to time served in these circumstances, and we must modify Falagan and Law accordingly. The present case is an overriding exception to the statute (§ 921.161(1))....

...erved at Raiford beyond his time of discharge due to these proceedings, if any. [5] It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN, ADKINS, BOYD and McCAIN, JJ., concur. NOTES [1] Fla. Const. art. V, § 3(b)(5) (1973), F.S.A. [2] See Fla. Stat. § 921.161(1). [3] If a defendant should have mandatory credit in all situations, as perhaps he should, for jail time awaiting trial, then the statute should be amended to provide for it. Fla. Stat. § 921.161(1)....

...1970), in which Justice Boyd was proved right by the U.S. Supreme Court in its reversal of that case at 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972) (extending right to counsel for indigents to misdemeanor cases). [5] Note subsequent enactment of H.B. 693 (S.B. 316), 1973, amending Fla. Stat. § 921.161(1), F.S.A., conforming to suggestion in Note 3, supra.

...We covered this point in our en banc opinion in Amlotte v. State, 435 So.2d 249 (Fla. 5th DCA 1983), wherein we said: We cannot agree with the appellant that concurrent sentences for identical terms of years compel presentence jail time credit on each sentence. Nothing in section 921.161, Florida Statutes (1981), requires, or even suggests, this construction....

...See also Miller v. State, 297 So.2d 36 (Fla. 1st DCA 1974). AFFIRMED. FRANK D. UPCHURCH, Jr., J., concurs. COWART, J., dissents with opinion. COWART, Judge, dissenting: On July 15, 1983, appellant filed a "Motion to Allow Credit for Jail Time." See § 921.161(1), Fla....

...Accordingly, this court does not have jurisdiction and this appeal should be dismissed. NOTES [1] By prior order of this court, requested by appellant, we treated this appeal as one from the summary denial of a 3.850 motion. See Fla.R.App.P. 9.140(g). We know of no reason why an illegal sentence violative of section 921.161(1), Florida Statutes (1983), could not be attacked at the trial level by either a 3.850 motion or a 3.800(a) motion....

...ce or other paper upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period. [4] See Fla.R.Crim.P. 3.020. [1] A defendant is entitled to both a legal sentence and to credit for jail time credit under § 921.161(1), Fla....

...5th DCA 1981). However, because Rule 3.800(a) relates only to the correction of an illegal sentence it is not appropriate as the basis for a motion to secure jail time credit against a legal sentence. An illegal sentence is a sentence not authorized by law. Section 921.161, Florida Statutes, merely provides that a defendant is entitled to certain credits on his sentence....

...See Suggs v. State, Fla.App.2d 1974, 304 So.2d 463; Hults v. State, Fla.App., 307 So.2d 489, opinion filed January 31, 1975. Finally, we cannot agree with appellant's argument on his last point. Specifically, the appellant argues that in view of Fla. Stat. § 921.161(1) which requires: "......

...He was subsequently taken back into custody and returned to confinement. The appellant then filed the rule 3.800(a) motion, alleging that the release was not due to his own fault and requesting that the time spent at liberty be credited against the sentence. Section 921.161(1), Florida Statutes, establishes that when a sentence is imposed the court must allow a defendant credit for time spent in jail before sentencing....

...But the sentence which was imposed in the present case included a provision for such credit, and the appellant's motion does not involve jail time before sentencing. The appellant requested credit for a period of time after sentencing but before being delivered to the Department of Corrections, as addressed in section 921.161(2), Florida Statutes. Unlike section 921.161(1), which relates to the court's obligation regarding credit for time before sentencing, section 921.161(2) relates to the Department of Corrections' obligation regarding credit for time after sentencing....

...The court's ruling on the merits is to be accorded no binding force or effect, as the appellant did not properly invoke the court's authority to consider the merits of the claim. As Brown suggests, the appellant might seek a writ of mandamus should the Department of Corrections fail to comply with its obligation under section 921.161(2)....

...1981) concerning extended incarceration as a condition of probation. The State maintains that Van Tassel is limited to the issue of gain time for defendants serving sentences in jail as a condition of probation and points out that Villery has been statutorily overruled. Section 921.161(1), Florida Statutes (1987), governs credit for county jail time after sentence and provides: A sentence of imprisonment shall not begin to run before the date it is imposed, *790 but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...This is an appeal from an allegedly illegal sentence imposed following conviction of resisting arrest without violence under Florida Statute § 843.02. The trial court initially sentenced appellant to serve nine months in the county jail, but failed to *490 allow credit for jail time served as required by § 921.161(1), Florida Statutes (1975)....

...as entitled to 426 days credit for time served on each case, instead of the minimum credit of 109 days with which he was then being credited. The trial court denied the motion without explanation. The question of whether jail-time credit pursuant to Section 921.161(1), Florida Statutes, must be applied equally to all sentences imposed by the trial court when a defendant receives concurrent sentences on multiple charges was answered in the affirmative in Daniels v....

...ry charges, all time served on warrants charging violation of probation and all time served in the county jail as a condition of probation. DeForest v. State, 356 So.2d 52 (Fla. 1st DCA 1978); Hutchinson v. State, 360 So.2d 1160 (Fla. 1st DCA 1978). Section 921.161(1), Florida Statutes (1979), provides as follows: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...y. Mr. Inclima was not arrested on the charges herein until May 28, 1989, well after his return to Florida. However, no documents were attached to this order. In Kronz v. State, 462 So.2d 450 (Fla. 1985), the Florida Supreme Court held that although section 921.161(1) requires that credit be given against a criminal sentence for time spent in the county jail while being held on the criminal charges prior to sentencing, this mandatory direction applies only to Florida county jails....

...§ 813.011, 1967, F.S.A., and the only place appellant was incarcerated prior to the second sentencing was in the County jail, his sentence had not been partially satisfied and the re-sentencing is therefore valid. We are unable to accept the State's position. Fla. Stat. § 921.161, 1967, F.S.A., provides that a person sentenced to imprisonment in the custody of the division of corrections, as was appellant, shall receive credit for time spent in the county jail between sentencing and delivery into the *234 custody of the division toward the fulfillment of the entire sentence....

...492, 207 A.2d 103; 24 C.J.S. Criminal Law § 1589, 1961, to say that one coming within the purview of this statute has not begun serving his sentence or has not partly satisfied the judgment is to deal with semantics rather than substance. Fla. Stat. § 921.161, 1967, enacted in 1961, F.S.A., clearly supersedes in its effect here the holding of cases such as Sinclair v....

...s no bearing on an inmate's presumptive parole release date. Awarding credit for time spent incarcerated in another jail is a function of the sentencing court. The Florida Parole and Probation Commission does not have authority to enter orders under § 921.161, Fla....

...The allegations of his motion are insufficient to show entitlement to additional credit. The Department of Corrections is responsible for computing Washington's credit for time spent in county jail after sentencing, while awaiting transfers to a drug program or a state prison. See § 921.161(2), Fla....

...Mancino, 714 So.2d 429 (Fla.1998), that a failure to grant proper credit for time served in county jail before sentencing constitutes an illegal sentence for rule 3.800(a) purposes if the entitlement can be discerned from the face of the record. The court reasoned that, under section 921.161(1), the trial court had no discretion to deny credit for time served in county jails before sentencing....

...ct that error would result in manifest injustice. See State v. McBride, 848 So.2d 287 (Fla.2003); Cillo v. State, 913 So.2d 1233 (Fla. 2d DCA 2005); Lawton v. State, 731 So.2d 60 (Fla. 2d DCA 1999); Allen v. State, 989 So.2d 731 (Fla. 4th DCA 2008). Section 921.161(1), Florida Statutes (2006), provides in pertinent part that "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence." The statutory entitlement to presentence jail credit starts with the initial arrest for a criminal offense....

...1st DCA 1990), we addressed a claim based on Green in an appeal from denial of a 3.800 motion. *43 Similarly, "[t]he law is clear that a defendant is entitled to have his sentence reflect credit for any time served in jail prior to sentencing," and "when, pursuant to section 921.161(1), a defendant receives presentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served." (Emphasis in original.) Daniels, 491 So.2d at 544-45....

...Accordingly, the trial court's refusal to credit appellant with time served in jail prior to the ultimate sentencing on April 16, 1973, was within the discretion of the trial court. However, during the pendency of this appeal, the Legislature amended Section 921.161(1) by providing that allowance of credit for time served in jail prior to sentencing shall be mandatory....

...ations based on failure to pay. See Weston v. State, 694 So.2d 850, 851 (Fla. 4th DCA 1997); Wilson v. State, 506 So.2d 1170,1170 (Fla. 3d DCA 1987). We also reject Appellant's contention that the trial court should have given him credit pursuant to section 921.161(1), Florida Statutes, against his community control term for time served in jail prior to sentencing....

...After revoking community control in the 1994 case, the trial court sentenced the appellant to 3 years in prison and orally announced that he had 166 days of credit for time served. In the 1995 case, the court sentenced him to 2 years in prison and orally indicated that he had 157 days of credit for time served. See § 921.161, Fla....

...Gardner, Public Defender, Sarasota, and Catherine Wings Slocum, Sp. Asst. Public Defender, Bradenton, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and Richard C. Booth, Asst. Atty. Gen., Tampa, for appellee. HOBSON, Judge. Chapter 73-71, Laws of Florida, amended § 921.161(1) to require that a defendant be given credit for time served in county jail prior to imposition of sentence....

...While statutory changes in law are normally presumed to apply prospectively, [2] procedural or remedial changes may be immediately applied to pending cases, [3] including in some instances cases pending on direct appeal. [4] Thus, the courts have applied Fla. Stat. § 921.161(1), as amended, to cases on direct appeal even though the change became effective after imposition of sentence by the trial court....

...No error at trial having been made to appear, appellant's conviction is affirmed. The sentence is vacated and the cause remanded for a new sentencing hearing at which appellant shall be present. We would also add that any new sentence should specify the credit time to which appellant is entitled, as required by Section 921.161(1), Florida Statutes (1975), and Smith v....

...f the orders of revocation for the respective violations. No credit should be given for the 148 days of detention before his 1988 conviction because he received credit against his original five and one-half year prison term for that time served. See § 921.161, Fla....

...ellant's probation is affirmed. However, the judgment and sentence of the court, while indicating that appellant is to receive credit for all time served in jail, does not specifically set forth the amount of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975)....

...e Miami-Dade offenses beyond the sanction he received for violating his community control in the Broward case. A prolific criminal would benefit from his mobile recidivism. A defendant is entitled to credit for time served in jail before sentencing. § 921.161(1), Fla....

...ve deprivation of liberty, and a probationer is not entitled to credit for *926 time spent there after a court finds that he has violated the terms of his probation. Tal-Mason, 515 So.2d at 739. Like the supreme court in Tal-Mason, we recognize that section 921.161, Florida Statutes (2000), requires that "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence." Although Tal-Mason logically and properly extended the mean...

...[*] The dissenting opinion asserts that Green "was an erroneous application of the statute providing credit for time spent in jail," at 210, and is now being applied to bring about an illogical result in the present context. Apparently, the statute referred to by the dissent as being erroneously applied is section 921.161, Florida Statutes (1987). See Green, 547 So.2d at 927 (Grimes, J., dissenting). Section 921.161 provides, in relevant part: (1) ......

...There is record support for the sentencing court's denial of Illinois jail credit. Inclima v. State, 625 So.2d 978 (Fla. 5th DCA 1993). Zygadlo also alleges that he is entitled to jail credit for time he served in the Putnam County jail following his extradition here and before he was tried on the Florida charges. See § 921.161(1) Fla....

...erved in secure detention against his community control sentence. He asserts that secure detention has the character of jail, [1] and community control is the equivalent of a prison sentence. [2] On that rationale, he claims entitlement, pursuant to section 921.161, Florida Statutes, to credit on his community control sentence for time spent in secure detention. We disagree with appellant's position that a community control sentence is equivalent to a sentence of imprisonment against which credit is mandated, pursuant to section 921.161, Florida Statutes, for time served in confinement pending disposition of the case....

...gality of the sentence. See Bowles v. State, 647 So.2d 1056 (Fla. 5th DCA 1994); Henderson v. State, 632 So.2d 653 (Fla. 5th DCA 1994); Reynolds v. State, 590 So.2d 1043 (Fla. 1st DCA 1991); Brown v. State, 427 So.2d 821 (Fla. 2d DCA 1983). See also § 921.161(2), Fla....

...5th DCA 1995); Grimes v. State, 657 So.2d 938 (Fla. 1st DCA 1995). Conversely, a claim for presentence jail time credit is a matter for the trial court as a request for such credit affects the legality of the sentence. See Henderson; Reynolds. See also § 921.161(1), Fla....

...District Court of Appeal of Florida, First District. February 6, 1990. Ronald Morgan, appellant, pro se. No appearance for appellee. *606 MINER, Judge. Ronald Morgan [1] appeals from the summary denial of his motion to allow credit for jail time pursuant to Section 921.161(1), Florida Statutes (1985)....

...At sentencing, the trial court awarded appellant credit for 61 days spent in the Clay County jail prior to sentencing but did not award credit for the time appellant remained in Humana Hospital. On March 1, 1989, appellant filed a "Motion to Allow Credit For Jail Time" in which he requested credit under section 921.161(1) for the time spent in the hospital....

...est" and "in custody" regardless of his formal arrest *607 date. He relies on cases which define "custody" and "arrest" for purposes of applying fourth amendment protections, Miranda warnings and the escape statute. We find these cases irrelevant to section 921.161(1)....

...For its part, the state argues that this statutory subsection does not permit credit for hospitalization prior to arrest. However, the authorities cited by the state antedate the supreme court's decision in Tal-Mason v. State, 515 So.2d 738 (Fla. 1987), which substantially altered the way in which courts are to interpret section 921.161....

...NOTES [1] In the notice of appeal apparently prepared for him by a fellow inmate described in the record as "Next Friend" and a "former practicioner (sic) in the law," appellant is referred to as Ronal Morgan. We assume Ronal Morgan and Ronald Morgan are one and the same person. [2] Section 921.161(1) provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...We issued our rule nisi and respondents timely filed their return and attached thereto a copy of the sentencing proceeding. Petitioner contends that the trial court erred in sentencing him to serve one year in the county jail without credit for good time incarcerated awaiting trial, contrary to Florida Statutes, Section 921.161(1), which provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...State, 399 So.2d 133 (Fla. 5th DCA 1981). Having sentenced him to four and one-half years, neither the trial court, nor we, can change that sentence. Harrison v. Wainwright, 408 So.2d 800 (Fla. 5th DCA), rev. denied, 419 So.2d 1201 (Fla. 1982). It is clear that pursuant to section 921.161, Florida Statutes (1983), a criminal defendant being sentenced after the violation of his probation, is entitled to receive credit on that sentence for all prison or jail time served, including that which preceded his release on probation....

...v. Perko, 588 So.2d 980 (Fla. 1991). In addition to the reasons explained in those opinions, our decision is supported by the rules relating to jail credit for presentence imprisonment when a defendant receives consecutive sentences of imprisonment. § 921.161, Fla....

...unty arrest warrant, a claim the trial judge rejected below. Credit for the same jail time must be given on more than one sentence only when the sentences are concurrent. See Gethers v. State, 838 So.2d 504, 506 *718 (Fla.2003) ("[W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.") (quoting Daniels v....

...Because the court records demonstrate on their face that Bedford is entitled to relief, we reverse and remand. In his motion, Bedford claimed that he is entitled to additional jail credit for fifty-seven days spent in Pinellas County jail from March 18, 1991, to May 14, 1991. See § 921.161(1), Fla....

...Jonathan A. Bell appeals his adjudication as a habitual offender and the credit given for jail time served by him prior to sentencing. We affirm his adjudication but remand for credit to his sentence of a proper award of jail time credit in accordance with section 921.161, Florida Statutes (1989)....

...uror about the facts of the case. See United States v. Chiantese, 582 F.2d 974 (5th Cir.1978). As his fourth contention, defendant argues that the trial court erred in leaving blank in the sentence form the space allowing credit for time served. See § 921.161(1), Fla....

...The sentencing guidelines scoresheet reflected a "lowest permissible prison sentence" of 34.8 months. The trial judge sentenced appellant to three years imprisonment, followed by two years probation. The court ordered 217 days credit for time served, which included 144 days spent on pre-trial house arrest. Section 921.161(1), Florida Statutes (2000), sets out the scope of the credit against a prison sentence to which a defendant is entitled....

....56. In any event, we hereby recede from these decisions to the extent that they may imply that costs cannot be recovered under section 27.56. In addition, we note that the court allowed appellant credit for the time he served in jail as required by section 921.161(1), Florida Statutes (1979)....

...However, claims of jail credit must now be raised under the new Florida Rule of Criminal Procedure 3.801, which provides that “[a] court may correct a sentence that fails to allow a defendant credit for all the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes.” Fla....

...Rules of Appellate Procedure, No. SC11-1679, slip op. at 6, 27 (Fla. Feb. 6, 2014), available at http://www.florida supremecourt.org/decisions/2014/scll-1679.pdf. (“This new rule governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161, Florida Statutes (2012).”). *496 Section 921.161(1) (2012) provides that “the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” The supreme court has held that the term “county jail” in section 921.161(1) “is applicable only to Florida jails and ......

...tions. In addition, the trial court is only required to award credit for presentence jail time; it is the function of the Department of Corrections to award credit for any time served in jail after sentencing but before transfer to state prison. See § 921.161(2), Fla....

...Further, the court admitted it overlooked the 209 days. The original plea agreement stated he would receive credit for all time served. Thus, the dialogue at the hearing quoted above is the sole basis to support any waiver. The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit....

...By statute, the county jail is required to deliver a certificate to the Department of Corrections certifying the date sentence was imposed, the date the prisoner was delivered to the Department, and the post-sentencing dates the defendant was at liberty, if any. See 921.161, Fla. Stat. (1999). If an inmate believes that the Department has not granted correct credit in accordance with the section 921.161 jail certificate, then the inmate must seek relief through the inmate grievance procedure....

...MAGER, Judge. Upon a review of the record we are of the opinion that the trial court erred in denying appellant credit on his sentence for time spent in the county jail awaiting sentence even though some of the time was also spent in jail on other charges. Section 921.161(1), F.S., imposes a mandatory requirement upon a sentencing court to "allow a defendant credit for all of the time he spent in the county jail before sentence"....

...rom May 1, 1973 to May 13, 1973. No credit was given to the defendant from August 8, 1973 (the date defendant was arrested on the second charge) to the date of sentence on January 8, 1974. In our opinion the trial judge failed to properly apply sec. 921.161(1), F.S., in accordance with its terms and as interpreted in Miller v....

...pertained to the nolle pros charge does not demonstrate that the defendant is not entitled to credit; on the contrary, silence on this matter would seem to negate any waiver by the defendant of the credit for jail time mandatorily prescribed in sec. 921.161(1), F.S....

...1st DCA 1982). At the sentencing hearing, the trial judge announced that he was giving the defendant credit for the time he had already served by imposing a four year term instead of a five year term which he would have otherwise imposed. This is improper under Section 921.161(1), Florida Statutes (1981), which provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...One matter remains. It appears that a scrivener's error occurred in transcribing appellant's credit for time served. Upon remand, appellant's sentence should be corrected to include "credit for all of the time he spent in the county jail before sentence." § 921.161(1), Fla....

...ALTENBERND, J., Concurs with opinion. ALTENBERND, Judge, Concurring. I fully concur in Judge Blue's opinion. I write only to encourage the legislature to examine issues related to jail credit. I am inclined to believe that the legislature could revise section 921.161, Florida Statutes (2001), to alleviate some problems that have become very troublesome and time-consuming for the judiciary....

...Those cases are distinguishable in that each involved credit time against concurrent sentences resulting from incarceration on multiple charges. Here, however, defendant was charged at different times with a series of offenses for which she was incarcerated. See § 921.161(1), Fla....

...Studnicka argues he was given credit only for part of the time he served prior to sentencing. The state concedes this point. Studnicka should have received credit for the full amount of time he served in jail prior to the date sentence was imposed. § 921.161, Fla.Stat....

...Therefore, upon remand, the victim injury points assessed in this case must be corrected to conform with the rule in effect when the crimes were committed. [1] The remaining issue raised in this appeal is the trial court's failure to grant credit against appellant's sentence for any jail time he served prior to sentencing. Section 921.161(1), Florida Statutes (1989), provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. In light of the mandatory requirement of section 921.161(1), the error of failure to give appropriate credit for jail time served may be raised on direct appeal, even in the absence of an objection in the lower tribunal....

...had spent 202 days in custody in the county jail. In addition, the arrest affidavit contains the notation, "NO BOND." Although appellant's counsel did not bring the matter of jail credit to the trial court's attention at sentencing, compliance with section 921.161 cannot be avoided....

...r 27, 2000, through May 21, 2001, pending resolution of his postconviction relief motion and his resentencing. Some of the time claimed includes time spent in county jail after resentencing but prior to his transfer to the Department of Corrections. Section 921.161, Florida Statutes, [1] provides as follows: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...The trial court's mere reference to ALL DOC CREDIT does not include the time spent in county jail prior to resentencing. Only that portion of jail time spent between the resentencing and transfer of custody to the DOC is part of the credit DOC must allow. See § 921.161(2), Fla....

...stance. He entered a plea of no contest to all four charges and was adjudicated guilty and sentenced to 30 months on each. The sentences were to run concurrently. It was agreed that Vasquez was entitled to 147 days credit for time served pursuant to § 921.161, Fla....

...5th DCA 1983), aff'd on other grounds, 456 So.2d 448 (Fla. 1984). In Amlotte the court stated: We cannot agree with the appellant that concurrent sentences for identical terms of years compel presentence [sic] jail time credit on each sentence. Nothing in section 921.161, Florida Statutes (1981), requires, or even suggests, this construction....

...long as the full jail time is credited. [2] Accordingly, the trial court's order denying Shepard's Florida Rule of Criminal Procedure 3.850 motion is affirmed. We note conflict with the First and Second District Courts of Appeal. Affirmed. NOTES [1] Section 921.161, Florida Statutes (1983) states, in pertinent part: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161(1), Fla....

...under Florida Rule of Criminal Procedure 3.800(b). See id. The trial court must specify presentence jail credit even in imposing a sentence of life imprisonment. See Jenkins v. State, 346 So.2d 1055, 1055 (Fla. 2d DCA 1977) (holding *592 that under section 921.161(1), the "trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence"); Sutton v. State, 334 So.2d 628, 629 (Fla. 4th DCA 1976) (ordering credit for time served against twenty-five-year minimum term on life sentence). PRECOMMITMENT CREDIT IN THE JUVENILE DELINQUENCY SYSTEM No provision corresponding to section 921.161 exists in chapter 985, Florida Statutes, which governs juvenile delinquency proceedings, or in the Florida Rules of Juvenile Procedure....

...The juvenile justice system is designed to rehabilitate youth. Accordingly, juveniles are committed for indeterminate lengths of time. It is, therefore, generally impossible to fix a date from which to deduct time spent in secure detention. Perhaps this is why there is no comparable statute [to section 921.161(1)] found in Chapter 985....

...nfinement pretrial. Defendants placed on home confinement are allowed to leave their homes for work, school or other activities permitted by their surveillance supervisors. McCarthy argues that this is equivalent to incarceration in the county jail. Section 921.161(1), Florida Statutes (1995), provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...The petitioner was sentenced to serve a term in the state prison after his probation was revoked. The trial judge did not give the petitioner credit for time he had already served in jail as a condition of the probation which was revoked. This is error. Section 921.161(1), Florida Statutes, requires: ......

...equent burglary charge. We find that the trial court erred in not giving appellant credit for time served from May 1, 1979, to August 17, 1979, in that he was held during that entire time on the charge which prompted the revocation of his probation. § 921.161, Fla....

...versight the judgment and sentence included in this case fails to reflect jail credit for time served." If on remand the trial court determines that defendant is entitled to credit for jail time, the specific amount must be included in the sentence. Section 921.161(1), Fla....

...Department of Corrections within the state correctional system...." Section 944.08, Florida Statutes (1993). The legislation concerning the sentencing guidelines distinguishes between state prison sentences and time spent in county jail. See, e.g., section 921.161, Florida Statutes (1993)....

...While Henderson does hold that the actual award of credit time after sentencing is a matter for the department of corrections, that is not the issue raised by the appellant. Rather, appellant is seeking to have the trial court award him the correct amount of pre-sentence credit time. Florida Statute section 921.161(1) (1993) provides that "the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...shall be sentenced to a minimum term of imprisonment of three calendar years... . precluded crediting the time served. We affirm the judgment but reverse on this ground and remand for the resentencing of appellant reflecting a credit for time served. Section 921.161(1), Florida Statutes provides as follows: (1) A sentence of imprisonment shall not begin to run before the date is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...ng is now mandatory." See Smith v. State, 310 So.2d 770 (Fla.2d DCA 1975); Grine v. State, 301 So.2d 122 (Fla.2d DCA 1974). Cf., Deaver v. State, 326 So.2d 222 (Fla.2d DCA 1976); Williams v. State, 310 So.2d 53 (Fla.2d DCA 1975). When read together, Section 921.161 and Section 775.087, Florida Statutes support the conclusion herein....

...for the offense of which he was convicted, without credit for approximately four months time previously spent in jail. Allowance of credit for time served in jail prior to sentencing is now mandatory. Ch. 73-71, Laws of Florida, 1973, amending F.S. § 921.161(1), F.S.A....

...Said terms were ordered to run consecutive to the sentences imposed on the arson charges, but concurrent with each other. The defendant filed a rule 3.800 motion asserting that he was entitled to receive 1166 days of jail credit on the arson and burglary sentences. The trial court properly denied the motion. Section 921.161 of the Florida Statutes provides that a defendant is entitled *324 to receive credit for all time spent in the county jail before sentencing....

...eceive no credit for time spent in county jail. The cause is therefore remanded to the trial court for the purpose of entering a corrective sentence order specifically setting *123 forth the period of credit time allowed appellant in accordance with § 921.161(1) F.S....

...He was adjudicated guilty and sentenced to two years imprisonment. Appellant argues that the trial court erred in not giving him credit for time spent in the Solano County, California jail pursuant to a Florida detainer pending his return to Florida to answer this charge. We agree. Section 921.161(1), Florida Statutes (1979) provides: A sentence of imprisonment shall not begin to run before the date it is imposed but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...The trial court acknowledged that the appellant served 307 days in jail on this case, explaining that his prior award exceeded the actual time spent in jail. However, the trial court refused to credit the appellant for time spent in jail on the first probation violation. Under section 921.161(1), Florida Statutes (1999), "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence." In the absence of any record evidence showing that the appellant is no...

...[2] We agree with the state that Chaitman is not entitled to any credit for the 118 days he spent at the Probation and Restitution Center. [3] AFFIRMED IN PART; REMANDED TO CORRECT SENTENCES. ORFINGER and COBB, JJ., concur. NOTES [1] Kirkman v. Wainwright, 465 So.2d 1262 (Fla. 5th DCA 1985); § 921.161(1), Fla....

...r which he was entitled to credit. The trial court summarily denied the motion because (1) it failed to comply with Rule 3.850, (2) the issue should have been raised on direct appeal, and (3) the defendant was properly awarded jail time credit under section 921.161(1), Florida Statutes....

...The summary denial is hereby reversed and the case remanded with directions that the defendant be given an opportunity at an evidentiary hearing to establish the truth of his factual allegations as to the time he spent in the county jail before sentencing for which he is entitled to credit against his sentence pursuant to section 921.161(1), Florida Statutes....

...e statutory changes in law are normally presumed to apply prospectively, procedural or remedial changes may be immediately applied to pending cases, including in some instances cases pending on direct appeal. Thus, the courts have applied Fla. Stat. § 921.161(1), as amended, to cases on direct appeal even though the change became effective after imposition of sentence by the trial court." Id....

...1977)), (5) imposition of a withheld sentence, (6) failure to impose mandatory minimum sentences ( see §§ 775.082(1), 775.087(2), and 893.135, Fla. Stat.), (7) failure to consider a presentence report when required (Rule 3.710), (8) failure to give statutory jail time credit under section 921.161(1), Fla....

...f probation conviction. The state concludes the sentence for only one more year on the violation of probation was intended as a net sentence after allowing for the time already served on the youthful offender conviction. *37 Such a sentence violates section 921.161(1), Florida Statutes (1983), however, for the sentence must specify the credit for time already served....

...al, attend structured treatment programs and alcoholics anonymous meetings, and enter and complete a Mentally Disordered Sex Offender Program. While a defendant is entitled to "credit for all of the time he spent in the county jail before sentence," § 921.161(1), Fla....

...rrest. The trial court denied this credit, because it found that the paperwork was never completed on the violation of probation, and the Martin County jail had not booked Trout into the jail on that charge. Trout appeals this denial of jail credit. Section 921.161(1), Florida Statutes, provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...arrest and incarceration in December 1985 until Richards' placement on community control on 7 April 1986. By the instant motion, Richards sought to correct his sentence by adding the omitted jail time, but the motion was denied without explanation. Section 921.161(1), Florida Statutes (1985) provides that: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...No other evidence was presented to this court as to whether appellant remained incarcerated after each of his arrests. Appellant received 274 days credit for Case No. 92-30649, 178 days credit for Case No. 91-5480, one day of credit for Case No. 93-34081, and one day of credit for Case No. 93-32935. Section 921.161(1), Florida Statutes (1993) provides that "the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence." This court has recognized that when a defendant receives concurrent sentences, the credit must be applied to each of the concurrent sentences....

...ity control toward any subsequent term of probation or community control." I do not believe that this statute is applicable in instances where boot camp is imposed as a condition of supervision. In my view, the statute that governs such instances is section 921.161(1), which provides in pertinent part that "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence." The courts have held that credit for time served must be given when the defendant was sentenced to jail as a condition of supervision....

...titled to credit for that time upon his sentencing for violation of probation.")). The question is whether boot camp is the functional equivalent of jail. See Tal-Mason v. State, 515 So.2d 738, 740 (Fla. 1987) ("For these reasons, we decline to read section 921.161(1), Florida Statutes, as a statement that jail-time credit may only be granted for time spent in an institution formally designated as a "county jail." ......

...On Motion for Rehearing En Banc June 2, 1988. COWART, Judge. By motion, the appellant claimed before the trial court that while she was given proper credit for time served as to one of her convictions, such credit should have been applied equally as to each of her concurrent sentences. See § 921.161(1), Fla....

...State, 503 So.2d 450 (Fla. 5th DCA 1987); West v. State, 497 So.2d 1347 (Fla. 5th DCA 1986). The trial court summarily denied relief to the appellant without an evidentiary hearing. The determination of the proper amount of credit for time served pursuant to section 921.161(1), as explained in Meintzer v....

...which does not contain the procedural requirements of Rule 3.850. [1] Clearly implicit in the Florida Supreme Court's opinion in Daniels v. State, 491 So.2d 543 (Fla. 1986), is the determination that, as a result of the 1973 legislative amendment of section 921.161(4), Florida Statutes (1973), a sentence is illegal if it fails to allow a defendant credit on all concurrent sentences for all of the time spent in the county jail before sentencing....

...I dissent from this opinion on rehearing en banc because (1) it is unnecessary and is dicta and (2) the dicta does not express the better view of the issue it addresses. First, there is no language in Deel or Meintzer to the effect that the "only" or "exclusive" way to obtain jail time credit under section 921.161(1), Florida Statutes, is by use of a motion under Rule 3.850....

...ssary to the disposition in this case. Furthermore, it is itself an unnecessarily restrictive view. As the dissent in Green, 450 So.2d at 1277 n. 1, explained: "A defendant is entitled to both a legal sentence and a credit for jail time credit under § 921.161(1), Fla. Stat." Section 921.161(1), Florida Statutes bestows a substantive right to jail time credit which statutory right cannot be restricted or limited by restrictions and limitations contained in any court-made rule-based remedy....

...e at the drug farm. It also included the following typed wording: "ALL CREDIT FOR TIME SERVED IS EXPRESSLY HEREBY WAIVED BY THE DEFENDANT, UNLESS OTHERWISE SPECIFIED WITHIN"; and the following handwritten wording: "defendant waives all jail credit." Section 921.161(1), Florida Statutes (1995), provides a credit for the time a defendant spends in county jail "before sentence." Obviously, the time Appellant was to spend in the drug farm after being placed on probation in December 1992 was not time...

...rial court to either (1) attach that portion of the file and record that conclusively refutes Ground Two of Fenn's motion, or (2) conduct an evidentiary hearing to determine whether Fenn was denied proper credit for time served prior to sentence per section 921.161(1), Florida Statutes (1981)....

...ed two questions to the supreme court. One of those questions asked whether a trial court "can" give credit for time served on community control. Thus, the issue before the supreme court in Fraser was whether the trial court had the discretion under section 921.161, Florida Statutes (1989), to give jail credit for successfully completed periods of community control....

...y him. His contention to the contrary is without merit. The other point raised by appellant on appeal does have merit. It concerns the matter of his reduction of sentence. We find that Chapter 73-71, Laws of Florida, 1973, amending Florida Statutes, Section 921.161(1), became effective after the trial judge sentenced the appellant....

...We agree with the conclusion reached by the Second District Court of Appeal in Smith v. State, 615 So.2d 712 (Fla. 2d DCA 1993). In Smith, the court held: Thus, the issue before the supreme court in Fraser was whether the trial court had the discretion under section 921.161, Florida Statutes (1989), to give jail credit *19 for successfully completed periods of community control....

...See Reynolds v. State, 590 So.2d 1043 (Fla. 1st DCA 1991) (holding the request for credit after sentencing did not impact the legality of the sentence, and thus was not properly before the trial court); Brown v. State, 427 So.2d 821 (Fla. 2d DCA 1983). See also § 921.161(2), Fla....

...We requested the state to file a brief in this cause pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986). The state has conceded that appellant is entitled to jail time credit for the time spent in jail awaiting disposition of the charges against him in Case No. 80-2723-CF and his sentence. Section 921.161(1), Florida Statutes (1979)....

...BOOTH and BARFIELD, JJ., concur. NOTES [1] In a related context, in In the Interest of B.A., 546 So.2d 125 (Fla. 1st DCA 1989), this court concluded that a community control sentence is not the functional equivalent of imprisonment against which credit is mandated, pursuant to section 921.161, Florida Statutes, for time served in confinement pending disposition of the case....

...he trial court did reflect that amount of credit for time served. The trial court summarily denied the motion, without stating reasons for so doing. The motion filed by the appellant was allegedly brought pursuant to Rule 3.800(a), Fla.R.Crim.P. and section 921.161(1), Florida Statutes (providing that the sentencing court shall allow a defendant credit for all time spent in county jail before sentence is imposed, and that the amount of credit must be provided in the sentence)....

...rt, and in the instant petition, he alleges that he is entitled to an additional 130 days of credit and that with this credit his sentence is already complete. A defendant is entitled to credit for all time served in Florida jails before sentencing. § 921.161(1), Fla....

...The lower court ruled that appellee was entitled to receive credit towards his sentence for time spent in custody of the Department of Health and Rehabilitative Services while adjudicated incompetent to stand trial. In so doing, the court found the jail-time credit statute, Section 921.161(1), Florida Statutes (1983) to violate the equal protection and due process clauses of the state and federal constitutions. The supreme court has previously ruled on the constitutionality of section 921.161 and its non-applicability to pre-sentence confinement in state hospitals and rehabilitation centers....

...Accordingly, the judgment of the trial court is reversed. *1180 WALDEN, J., and COWART, EDWARD D., Associate Judge, concur. ANSTEAD J., concurs specially with opinion. ANSTEAD, Judge, specially concurring. The issue presented by this case is whether Section 921.161(1), Florida Statutes (1983) requires that a defendant convicted of a crime receive credit toward his or her jail sentence for time spent in a state mental hospital while adjudicated incompetent to stand trial....

...ntal hospitals. Tal-Mason filed a motion for rehearing, and on July 22, 1985, the court issued a detailed order reversing its earlier position and granting Tal-Mason credit for time spent undergoing treatment in state hospitals. The court also found Section 921.161(1), Florida Statutes (1983), which by its terms limits credit for pre-sentence confinement to time spent in county jails, to violate the constitutional guarantees of due process and equal protection of the law. The state now appeals the trial court's ruling. At the time Tal-Mason was sentenced, section 921.161(1) provided: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...4th DCA 1978), this court affirmed a trial court ruling which denied the appellant credit for time spent in a state mental hospital while being evaluated for competency to stand trial. In Dalton, we did not cite the county jail limitation set out in section 921.161 as controlling the disposition of a request for credit for time spent in a mental hospital as opposed to a jail....

...ctly a matter for state concern." Id. Going on to address the relevant state statute, the court dismissed the contention, also made by the appellee herein, that the statute should be given a broad reading. Declining to extend the "plain language" of section 921.161, the court held that the statute applies strictly to county jails and not to other kinds of pre-sentence confinement....

...The court below distinguished Pennington in its order, ostensibly on the basis that a sentence imposed upon a revocation of probation is not comparable for the purposes of jail-time credit to a sentence imposed upon an initial criminal conviction. As the supreme court noted in Pennington, however, the relevant statute, section 921.161(1), applies equally to both situations....

...A small number of states have enacted statutes or rules explicitly requiring credit under these circumstances. See, e.g., Cal.Penal Code Sec. 2900.5 (West 1982); Minn. R.Crim.P. 20.01 subd. 9; N.J.R. 3:21-8. Other state courts have broadly interpreted statutes similar to section 921.161 to require credit for confinement in state hospitals....

...Phelan, 100 Wash.2d 508, 671 P.2d 1212 (1983) (en banc), the court ruled that the equal protection and double jeopardy clauses require credit to be granted against discretionary prison terms as well as those fixed by statute. At the time of these decisions, Washington did not have in effect a statute parallel to section 921.161 regulating sentence credit....

...Credit must be given not only for commitment after conviction, but for commitment during a period in which adjudication has been withheld. Ault, 415 So.2d at 147-48; Abraham, 382 So.2d at 383. The interplay of section 917.014 with the supreme court's interpretation of section 921.161 creates two classes of criminal defendants: persons committed to state mental hospitals, prior to imposition of sentence, under the MDSO program, and persons committed to those same hospitals, prior to imposition of sentence, for some other kind of mental illness....

...ge should have awarded jail credit under Tal-Mason v. State, 515 So.2d 738 (Fla. 1987). The state responds that the reasoning employed in Tal-Mason is consistent with the denial of credit, even though credit was awarded under the facts of Tal-Mason. Section 921.161(1), Florida Statutes (1991), provides that a defendant shall be credited "for all of the time he spent in the county jail before sentence." Credit may be awarded, however, even where pretrial detention is in some place other than the...

...ength of time the juvenile is committed. L.K. v. State, 729 So.2d 1011 (Fla. 4th DCA 1999). In doing so, however, we make the following observation. The authorization for giving an adult defendant credit for time served is legislative in origin. See § 921.161(1), Fla....

...lation of the credit for jail time served prior to sentencing. Defendant-appellant Cordova is entitled to credit only for the time incarcerated prior to sentencing, not (as he incorrectly argues) credit for time free on bond prior to sentencing. See § 921.161(1), Fla....

...The defendant argues that he is entitled to credit for the entire time period between sentencing and his delivery to the Department of Corrections, including time he was free on postjudgment release. He derives that interpretation from the wording *218 of subsection 921.161(2), Florida Statutes (2001), which requires the jailer to certify several postjudgment time periods, including any periods after sentence that the prisoner was at liberty on bond. Id. § 921.161(2)(b); see State v. Peters, 526 So.2d 747 (Fla. 1st DCA 1988). [*] In reality, "time spent" under subsection 921.161(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"). The jailer is required to certify the dates that the defendant was at liberty on bond or otherwise, id. § 921.161(2)(b), (c), so that these periods can be subtracted from the total time period between sentencing and delivery to the Department of Corrections. The defendant is only entitled to credit for the time incarcerated between sentencing and delivery to the Department of Corrections. Affirmed. NOTES [*] Subsection 921.161(2), Florida Statutes, states: (2) In addition to other credits, a person sentenced to imprisonment in custody of the Department of Corrections shall receive credit on her or his sentence for all time spent between sentencing and being placed in custody of the department....

...Atty. Gen., Tampa, for appellee. PER CURIAM. The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Smith v....

...Therefore, upon remand, the trial court should conduct a hearing to determine the time actually served in jail by appellant on the original split sentence and on the sentence imposed as a result of the first violation of probation, and to give appellant appropriate credit for that jail time on the sentence under review. See section 921.161(1), Florida Statutes....

...When a sheriff receives such a warrant, there may be no urgency from the perspective of public safety to arrest the person who is already in jail, but the sheriff does have a duty and obligation to execute such warrants. See § 30.15(1)(b), Fla. Stat. (2005). Section 921.161(1), Florida Statutes (2005), provides in pertinent part that "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence." In Daniels v....

...To condition receipt of jail credit under such circumstances on the sole factor of when the local sheriff finally gets around to arresting his or her prisoner would be to condition jail credit on a nonjudicial factor that was beyond Mr. Martinez's control and which was completely arbitrary. We conclude that section 921.161(1) must be interpreted in favor of Mr....

...State, 321 So.2d 453 (Fla.4th DCA 1975). Such provision in a sentence is technical surplusage and may be, and is hereby, stricken as such. However, we must reverse the sentence imposed as to Count I with directions that appellant be sentenced in compliance with Section 921.161, Florida Statutes, relating to credit for jail time served on these charges....

...However, appellant conceded the correctness of the alleged violation for his failure to timely make restitution to the victim of the robbery, and thus the court did not err in revoking probation. On the matter of the sentence, the more recent cases have been applying Section 921.161(1), F.S....

...date it should be held to apply. Accordingly, the sentence for violation of probation is vacated and this cause remanded to the trial court with directions that it resentence appellant giving due credit for time served pursuant to the provisions of Section 921.161(1), F.S....

...On this first issue, the state concedes that Appellant is entitled to additional jail credit time. Therefore, we remand the cause with directions for the lower tribunal to correct the amount of jail credit time consistent with the oral pronouncement. Section 921.161(1), Fla....

...e latter sentences provide for the same amount of jail credit as was provided for in the second round of sentences. Appellant is entitled to have the full amount of jail credit through the date of the last sentencings specified in his sentences. See Section 921.161(1), Florida Statutes (1985), and Marshall v....

...District Court of Appeal of Florida, Second District. May 14, 1997. *696 PER CURIAM. James Street appeals the denial of his motion to allow credit for time served in jail both before and after sentencing. He filed his motion pursuant to Florida Rule of Criminal Procedure 3.800(a) and cited sections 921.161(1) and (2), Florida Statutes (1989), as authority for the motion....

...Because there are no attachments to the order to justify denial, the trial court's order cannot be upheld. See Becton v. State, 668 So.2d 1107, 1108 (Fla. 2d DCA 1996). The Department of Corrections, not the trial court, has the responsibility of granting postsentencing jail time credit pursuant to section 921.161(2)....

...2nd DCA 1979). [2] On August 27, 1980, the Supreme Court entered an order accepting jurisdiction of this case and dispensing with oral argument, Case No. 58,648. [3] See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). [4] Section 921.161, Florida Statutes (1979).

...il credit in his VOP cases, contradicting the oral pronouncement. This was error. Hagley is entitled to the correct amount of credit in each case. 2 Ransone v. State, 48 So.3d 692, 694 (Fla.2010); Daniels v. State, 491 So.2d 543, 545 (Fla.1986); see § 921.161(1), Fla....

...State, 362 So.2d 457 (Fla. 4th DCA 1978) (denying credit for time spent in a state mental hospital awaiting trial). But, in Tal-Mason, the supreme court expanded its interpretation of the statute authorizing credit for time served in jail before sentence, section 921.161(1), Florida Statutes....

...GUNTHER and KLEIN, JJ., concur. NOTES [1] "A sentence of imprisonment shall not begin to run before the date it is imposed, but the 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(1), Fla....

...time served. Since the trial court's sentence specifically excluded credit for time served, rather than failing to address the issue, the question remains unanswered as to whether the appellant waived the right to credit for time served pursuant to section 921.161 Florida Statutes, as part of a plea bargain that was approved and accepted by the court....

...STATE of Florida, Appellee. No. 94-01622. District Court of Appeal of Florida, Second District. June 1, 1994. PER CURIAM. Gary Handford appeals the denial of his motion to allow credit for time served in jail. He cites both Florida Rule of Criminal Procedure 3.800(a) and section 921.161(1), Florida Statutes (1993)....

...e., December 8, 1996 through January 24, 1997) after he was unsuccessfully discharged from the drug treatment center and sentenced on a new charge. A defendant is entitled to credit for all time spent in a detention facility prior to sentencing. See § 921.161(1), Fla....

...As to the appellant's request for credit for time spent at the drug treatment center, however, we conclude he has no entitlement to the same. See Smith v. State, 619 So.2d 994, 994 (Fla. 3d DCA 1993) ("While a *349 defendant is entitled to `credit for all of the time he spent in the county jail before sentence,' Sec. 921.161(1), Fla....

...e. Coxon v. State, supra . In addition, the judgment and sentence of the court, while indicating that appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1977)....

...STATE of Florida, Appellee. No. 92-04104. District Court of Appeal of Florida, Second District. January 13, 1993. PER CURIAM. John Hayes appeals the denial of his motion to allow credit for jail time. He cited Florida Rule of Criminal Procedure 3.800(a) and section 921.161(1), Florida Statutes (1991), as authority for the motion....

...If the merits were to be addressed, it appears Leiffer is entitled to no relief. However, there are two reasons this cause should be affirmed. First, the circuit court correctly concluded that it had no jurisdiction over this matter because the 69 days related to "post sentencing" credit. See § 921.161(2), Fla....

...He states that if the twenty-three months of incarceration is added, then in the 1997 cases he had received an incarceration sentence of nearly six years, followed by two years of probation—which the statute does not allow. We reject the defendant's argument. There is a statutory right to credit for time served. § 921.161, Fla....

...1986), did not overrule Whitney and was distinguishable in that the defendant in Daniels "was arrested at the same time for a number of different charges." See also Keene v. State, 500 So.2d 592 (Fla. 2d DCA 1986). In Daniels, supra, the court construed section 921.161(1) to mean where the defendant is serving time as to multiple charges, he must receive credit against all concurrent sentences as to those charges that may later be imposed by the trial court....

...The sentence *666 imposed on appellant therefore exceeded the maximum punishment provided by statute. The sentencing court also erred by not allowing appellant credit for time served while awaiting sentence. The allowance of such credit is mandatory. Section 921.161(1), Florida Statutes (1975)....

...th credit for any time spent in jail related to appellant's second of two probation violation hearings: I'm not giving you credit on all of the other time that you spent in jail, because I'm not sentencing you to the full 5 years that you could get. Section 921.161(1), Florida Statutes (1979) provides the following: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all the time he spent in the county jail before sentence....

...[1] The record does not indicate how many days appellant served related to the two probation violations, and it is not clear whether the trial judge gave appellant full credit. Therefore this case is remanded to the trial court for correction of sentencing in accordance with section 921.161(1), Florida Statutes (1979)....

...District Court of Appeal of Florida, Fourth District. April 6, 2005. Jeffrey R. Hastings, Okeechobee, pro se. No appearance required for appellee. PER CURIAM. Affirmed without prejudice to appellant's seeking post-sentencing jail credit, administratively, from the Department of Corrections. See § 921.161(1), Fla....

...State, 438 So.2d 398 (Fla. 2d DCA 1983); Goree v. State, 411 So.2d 1352 (Fla. 3d DCA 1982). Additionally, although the sentences indicate the appellant is to receive credit for "time served," they do not set forth a specific period of credit time as required by section 921.161(1), Florida Statutes (1981)....

...The defendant appealed claiming that the trial court erred in failing to give mandatory credit for time served on each of the three resentenced counts. Id. at 819. He argued that, until he was resentenced, he served five years on each of his concurrent sentences, and pursuant to section 921.161, Florida Statutes (1997), credit for time served on each count was mandatory....

...resentenced counts, the second district stated: We cannot adopt this logic because it elevates a legal fiction into a reality that would thwart society's ability to have its judges fully impose a punishment that the judges believe to be appropriate. Section 921.161 is not applicable to this case because it addresses the requirement for county jail time credit incurred while a defendant awaits sentencing and does not address the application of state prison time served prior to a resentencing....

...with assault and involuntary sexual battery. We find no merit to the points raised by appellant on appeal, except for those relating to certain aspects of the sentences. First, the sentences do not reflect jail credit for time served, as required by section 921.161(1), Florida Statutes (1981)....

...Robert Willis appeals an order denying his motion seeking additional jail credit, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial judge correctly denied the motion, finding that Willis had been credited with all of the time he spent in the county jail on his charges prior to sentencing. See § 921.161(1), Fla....

...Stat. (2008). Willis’ motion requested that the court grant additional jail credit for the time he spent in jail after sentencing, awaiting transport to the Department of Corrections. This request should have been made to the Department itself. See § 921.161(2), Fla....

...nning date of November 6, 2000. We do affirm, however, the trial court's discretionary decision to deny Martin credit for the time he was held in New York awaiting extradition to Florida. In Kronz v. State, 462 So.2d 450 (Fla.1985), the court held: "section 921.161(1) requires the trial judge to give credit only for time served in Florida county jails pending disposition of criminal charges....

...Appellant alleged that in two case numbers involving violations of probation he was not given credit for all the time he spent in jail prior to sentencing on the original charges and for time spent in jail after sentencing on the original charges. Appellant is entitled to such credit. See § 921.161(1), Fla....

...When later sentenced on the state criminal charges appellant was credited for all of the time he actually spent in the county jail before sentencing. He appeals the denial of credit on his state sentence for the time he was in the federal prison. *188 Section 921.161(1), Fla....

...*357 Romualdas J. Jablonskis, pro se. No appearance for appellee. COWART, Judge. Without conducting an evidentiary hearing and without attaching any portion of the case file or record, the sentencing court denied appellant's motion for jail time credit under section 921.161, Florida Statutes (1981)....

...Accordingly, we hereby recede from that portion of our opinion in Hooks which suggests a contrary view. We do agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served which Section 921.161(1), Florida Statutes (1975) requires....

...State, 418 So.2d 1123 (Fla. 5th DCA 1982) [1982 FLW 1846]. Appellant also complains that while the trial judge specifically gave him credit against the first of the two new sentences for the 126 days he spent in the county jail before his original sentence, as directed by section 921.161(1), Florida Statutes (1981), the trial judge did not give him credit against his new sentences for the time he had spent in prison under the vacated sentences....

...as did old sentences and calculate the total amount of time properly credited against sentences and commitments. That calculation involves a consideration of the time spent between sentencing and delivery to the actual custody of the Department (see § 921.161(2), Fla....

...tation is violated by a successive probationary sentence after revocation of probation. In essence, such a view requires a sentencing court to "credit" a defendant for time served on probation prior to revocation. That is not required nor permitted. § 921.161, Fla....

...tencing. Allowing the credit results in the offender suffering a loss of liberty only for the length of time the court determined was appropriate. The authorization for giving a criminal defendant credit for time served is legislative in origin. See § 921.161(1), Fla....

...denied relief: The Defendant shall not be entitled to prior jail credit and shall not be eligible for work release or house arrest. The Defendant is to serve this incarcerative portion of his probation DAY FOR DAY, without entitlement to gain time. Section 921.161(1), Florida Statutes (1997), requires that defendants receive credit for all of the time spent in the county jail before sentence....

...Gen., Daytona Beach, for appellee. PER CURIAM. We affirm Jensen's convictions and sentences for armed trespass and sexual battery. Jensen also argues on appeal that he was not given proper credit for jail time served prior to sentencing, pursuant to section 921.161(1), Florida Statutes (1981)....

...It may well be, as appellant claims, that the 117 days for which he was given credit cover only the period between his return to jail after his escape and the revocation of his probation. Appellant is entitled to credit for all of the time he spent in jail prior to sentencing on this offense; Section 921.161(1), Florida Statutes (1975); Marshall v....

...It also concluded that because Crompton was serving a life sentence without the possibility of parole, the failure to award 283 days credit could not constitute an illegal *1189 sentence raisable in a rule 3.800(a) motion. The trial court did not attach a copy of the original motion or its order denying the motion. Section 921.161(1), Florida Statutes (1995), requires that defendants receive credit for all of the time spent in the county jail before sentence....

...Moore also contends that the trial court failed to credit him on his resentence for all the time previously served. However, it appears that the lower court properly credited Moore for such time when it gave him credit for 824 days, and "credit for all time previously served while awaiting to be transported to F.S.P." While section 921.161, Florida Statutes (1991), requires that credit must be provided for a specified period of time provided for in the sentence, the department of corrections can properly calculate the specific amount of days Moore spent in jail while waiting to be transported....

...The log also reveals that the court issued a commitment order. While the trial court is correct that a defendant is generally not entitled to credit for time spent in a live-in drug treatment program, see Pennington v. State, 398 So.2d 815 (Fla.1981) a different result is compelled by the plain language of section 921.161, Florida Statutes (1999), when the defendant is incarcerated in the county jail and participating in a jail drug treatment program....

...een incarcerated since January 22, 1972, specifying the period of time allowed. Chambers v. State, Fla.App.2d 1974, 293 So.2d 752; North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656; Grine v. State, Fla.App.2d 1974, 301 So.2d 122; § 921.161(1) F.S....

...June 9, 1983. James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. The 1973 amendment to section 921.161, Florida Statutes (1981), making credit for jail time served prior to sentencing mandatory, whereas it had previously been discretionary, does not affect the legality of the life sentence without jail time credit imposed on appellant in 1972 for a crime previously committed....

...District Court of Appeal of Florida, Second District. June 26, 1996. PER CURIAM. Kenneth Riddle challenges the denial of his motion to correct illegal sentence brought under Florida Rule of Criminal Procedure 3.800(a), alleging he is entitled to credit for time spent in the county jail pursuant to section 921.161, Florida Statutes (1995)....

...dict. We have also considered appellant's objection to a comment made by the prosecutor during closing argument, and find no error. Appellant also complains that he was sentenced without being given credit for time served as prescribed in Fla. Stat. § 921.161(1) (1975)....

...We vacate the sentence and remand with instructions to resentence defendant giving him credit for time served in the county jail. Affirmed in part, reversed in part, and remanded with directions. WALDEN, J., concurs. CROSS, J., dissents, with opinion. CROSS, Judge (dissenting): I respectfully dissent. I construe Section 921.161(1), Florida Statutes, requiring that a court imposing sentence allow a defendant credit for all time spent in county jail before sentence as not applicable when the court has imposed a life sentence....

...es Program. Howard now claims that he was not placed in the Bridges Program until January 4, 2006. If Howard was serving time in jail during the period from November 14, 2005, to January 4, 2006, then he is entitled to jail credit for that time. See § 921.161(1), Fla....

...It is also clear that a term of probation is not to exceed the statutory maximum for incarceration, Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976) and that *771 offenders sentenced to incarceration must be given credit for time served on their offenses. § 921.161(2), Fla....

...The threshold problem we have is that Price and Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001), have little to do with this case, since those cases involve the issuance of credits for time served in other counties in the State of Florida. That issue is controlled by section 921.161(1), Florida Statutes. This case is controlled by Kronz v. State, 462 So.2d 450 (Fla. 1985), in which the court explained that the term "county jail," as used in section 921.161, applies only to Florida jails, so that section 921.161 does not govern an award of credit for time served out-of-state....

...He was sentenced to five years' probation with a special condition that he serve a 364-day term in county jail in case no. 92-30304. In neither case was defendant awarded credit for time served in county jail for these offenses. In circuit court case no. 92-819, defendant is entitled to be awarded credit for time served. See § 921.161, Fla....

..."functional equivalent of probation" as a remedy for the trial court's improper deferral of his sentencing. We hold that he is not. Florida law allows credit only for time served in jail or the functional equivalent of jail prior to sentencing. See § 921.161, Fla. Stat. (2005). Bateh, which deemed the defendant's sentence to have begun when it should have been imposed, was decided before the enactment of section 921.161(1), Florida Statutes....

...[3] That is, there is no Florida statute or case law which permits a trial court to transfer credit for time previously served on an unrelated criminal case to the case for which the defendant is to be presently sentenced. As a matter of fact, such a practice squarely runs afoul of and violates the provisions of section 921.161(1), Florida Statutes (2000)....

...e was tried and convicted, and a sentence that does not properly credit the defendant with time *1133 served, then that sentence may be challenged under rule 3.800 ..."); see also Travis v. State, 724 So.2d 119, 120-21 (Fla. 1st DCA 1998). Moreover, section 921.161(1) expressly provides that a sentence of imprisonment shall not begin to run before the date of its imposition, except for the time spent in county jail....

...However, we reverse and remand this cause to the trial court for it to address the issue of the omission of the 125 days credit for time served in the corrected 1989 resentencing order or to otherwise provide such credit for county jail time served prior to the date of the original sentencing order. See § 921.161(1), (2), Fla....

...the full three-year prison terms appellant completed, as well as for the 196 days appellant served in county jail prior to the March 25, 1993, resentencing. The trial court also erred in denying appellant's motion for jail credit in Case No. 93-76. Section 921.161(1), Florida Statutes (1991), required the trial court to allow credit for all time served prior to imposition of sentence....

...rder subject to appellate review. New Rule 3.801 (Correction of Jail Credit) We adopt new rule 3.801 as proposed with a minor modification. This new rule governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161, Florida Statutes (2012)....

...redit for the time he had spent in jail between his initial arrest on March 24, 2007, and his initial sentencing on June 14, 2007. By statute a defendant is entitled to "credit for all of the time she or he spent in the county jail before sentence." § 921.161(1), Fla....

...The trial court's summary denial of appellant's post-judgment motion should be reversed, and the matter should be remanded for further proceedings. NOTES [1] Styled "Motion to Allow Jail Credit," appellant's motion indicates it was filed pursuant to section 921.161(1), Florida Statutes, which provides that "the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...n (a) but also condition (h). Since at the hearing the court only found that appellant had violated condition (a), it should now remove any reference to condition (h) from its order. The present sentence fails to specify the amount of credit time as Section 921.161(1), Florida Statutes (1975) requires....

...Lynch, Assistant Legal Counsel, Broward Sheriff's Office, Fort Lauderdale, for appellee. POLEN, J. Appellant, Michael Ilkhani, appeals the trial court's order denying his petition for writ of mandamus in which he sought an order requiring the Broward Sheriff's Office (BSO) to prepare a Sheriff's Certificate pursuant to section 921.161, Florida Statutes, following his release from and subsequent return to the custody of the Department of Corrections. Ilkhani was sentenced to seven years imprisonment in case number 00-5955 on August 3, 2001 and was delivered to the Department of Corrections on November 13, 2001. The BSO prepared a Sheriff's Certificate pursuant to section 921.161, Florida Statutes, indicating that Ilkhani had originally been incarcerated in the county jail on March 29, 2000 and was convicted on August 3, 2001....

...own clear legal right to demand the action, and a want of any other adequate remedy." "An appellate court reviews a trial court's decision on a petition for writ of mandamus under the abuse of discretion standard of review." Rosado v. State, 1 So.3d 1147, 1148 (Fla. 4th DCA 2009). Section 921.161(2), Florida Statutes, provides in pertinent part: (2) In addition to other credits, a person sentenced to imprisonment in custody of the Department of Corrections shall receive credit on her or his sentence for all time spent between sentencing and being placed in custody of the department....

...entence was imposed and the date the prisoner was delivered to the department. (b) The dates of any periods after sentence the prisoner was at liberty on bond. (c) The dates and reasons for any other times the prisoner was at liberty after sentence. § 921.161(2)(a-c), Fla. Stat. (2009) (emphasis added). In Cordova v. State, 855 So.2d 216 (Fla. 3d DCA 2003), the court explained: In reality, "time spent" under subsection 921.161(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"). The jailer is required to certify the dates that the defendant was at liberty on bond or otherwise, id. § 921.161(2)(b), (c), so that these periods can be subtracted from the total time period between sentencing and delivery to the Department of Corrections. The defendant is only entitled to credit for the time incarcerated between sentencing and delivery to the Department of Corrections. Id. at 218 (emphasis in original). Section 921.161 states in part: "When delivering a prisoner to the department, the custodian of the local jail shall certify to it in writing . . . [t]he dates of any periods after sentence the prisoner was at liberty on bond." § 921.161(2)(b), Fla....

...Instead, it anticipates a situation like the present case in which an inmate is at liberty on bond after sentencing, and thus, may be entitled to additional credit if he spent time in the county jail prior to being returned to the department. Ilkhani is mistaken as to the amount of credit he is entitled to under section 921.161....

...The defendant thereafter filed a 3.800 motion seeking credit for the 262 days. The motion was summarily denied by the trial court. Attached to the order were copies of documents relevant to sentencing, but none of these documents support the trial court's ruling denying the defendant's request for jail time credit. Section 921.161(1), Florida Statutes (1993), provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time spent in the county jail before sentencing....

...Again, no credit was given for jail time served under the prior sentence for escape. Appellants first argue that the trial court erred in not giving them credit for time served in jail prior to being sentenced and for the time served under the sentence for escape, citing F.S. § 921.161(1), [1] which seems to require the trial court to give a defendant credit for the time served before sentencing. However, as the Florida Supreme Court noted in Adams v. Wainwright, Sup.Ct.Fla. 1973, 275 So.2d 235, the crime of escape constitutes "an overriding exception to the statute" (§ 921.161(1))....

...ard his original State Prison sentence, the holding of the case implicitly *306 answers the precise question before us. Since the time awaiting an escape trial is a mandatory continuation of the defendant's original sentence as a matter of law, F.S. § 921.161(1) is not applicable....

...State, 728 So.2d 1188, 1189 (Fla. 1st DCA 1999) (“The failure to award jail credit for time served before sentencing constitutes an illegal sentence.”). We note initially that the statute on credit for pretrial detention speaks of jail time, not prison time: Section 921.161(1), Florida Statutes (2008), requires the sentencing court to “allow a defendant credit for all of the time she or he spent in the county jail before sentence.” On the other hand, our supreme court has held that it is within the s...

...State, 363 So.2d 621 (Fla. 1st DCA 1978). In imposing sentence, the court indicated that the defendant was to be given credit for time served but did not specify the amount of time that was to be credited against his sentence as expressly required by Section 921.161(1), Florida Statutes (1979); Ennis v. State, 364 So.2d 497 (Fla. 2d DCA 1978). A proper application of Section 921.161(1), supra, mandates that the defendant be given credit for all time served....

...custody of the Department of Corrections. The State concedes that the defendant should be awarded credit for time served. Accordingly, we remand this matter with instructions that the trial court check the box awarding prison time credit pursuant to section 921.161, Florida Statutes (2005)....

...r as a sentence for any crime. McDonald v. State, 321 So.2d 453 (Fla. 4th DCA 1975). Also, the judgment and sentence generally recites that appellant is to be given credit for time served but fails to specify the period of such credit as required by Section 921.161, Florida Statutes....

...e imposed for the crime of manslaughter is twenty years. The defendant contends that this maximum was erroneously exceeded due to the trial court's failure to credit him for time spent in jail prior to entry of judgment and sentence. Florida Statute § 921.161(1), F.S.A....

...The trial court correctly denied relief as to the appellant's third case. [1] The record reflects that the appellant received the exact number of days to which he claims entitlement. The appellant also claims that the Department of Corrections miscalculated his jail credit under section 921.161, Florida Statutes (2000)....

Honorable Court for iail credit pursuant to section 921.161 Cl I, Florida Statutes, and Florida Rule of

...il prior to being sentenced on VOP-II. *695 “[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.” Waithe v. 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 served for the current violation of probation and prior violations of the same probation....

PER CURIAM. The appellant filed a timely rule 3.801 motion asserting that he is entitled to jail credit for the time he was held in the Escambia County Jail awaiting his second trial until the date of sentencing, June 29, 2012. See § 921.161(1)-(2), Fla....

...He was sentenced pursuant to the two convictions and argues on appeal that the trial court erred in not giving him credit for time spent in a Santa Barbara, California, county jail pending his return to Florida to answer the charges. At our request the parties have briefed this issue. It is appellant's contention that Section 921.161(1), [1] Florida Statutes must be interpreted to include all time spent in any county jail, whether it be in Florida or some other jurisdiction....

...California charges. It being the burden of the appellant to demonstrate error, we therefore find that he has failed to sustain that burden. The sentence and conviction are therefore affirmed. AFFIRMED. DOWNEY, C.J., and CROSS, J., concur. NOTES [1] § 921.161(1), Fla....

...In Combs v. State, 803 So.2d 875 (Fla. 5th DCA 2002), this court held that requests for credit for time served out-of-state are covered by the rule announced in Kronz v. State, 462 So.2d 450 (Fla.1985), not Price. In Kronz, the Florida Supreme Court held section 921.161 only entitled a defendant to credit for time served in a Florida county jail, but that trial judges nonetheless have inherent discretionary authority to award credit for time served in another jurisdiction while awaiting transfer to Florida....

...both cases. The parties agree that the defendant is entitled to 526 days of jail credit in the 2016 case, but disagree regarding the amount of jail credit to be awarded in the 2011 case, and the defendant’s entitlement to post-sentencing credit. Section 921.161(1), (2), Florida Statutes (2018), “requires the trial court to determine and give credit for all time spent in county jail prior to sentencing and for the Department [of Corrections] to calculate the time after sentencing, including time in the county jail after sentencing.” Kitchen v....

...3d DCA 2004). The Supreme Court of Florida has expressly ruled that probationary drug treatment is rehabilitative, non-coercive, and does not qualify as coercive, preconviction detention for which credit must be awarded under the jail credit statute, section 921.161(1), Florida Statutes....

...at 816. As clarified by Tal-Mason, participation in probation is voluntary and not coercive unlike pretrial detention in jail or in a mental hospital. Probationary drug treatment is not equivalent to time "spent in the county jail before sentence." § 921.161(1), Fla....

...o the United States. Riscaldino asserts that he was being held in Canada during that time, solely because of the Florida charges. The trial court expressly denied credit for time served in Canada because Riscaldino had declined to waive extradition. Section 921.161(1), Florida Statutes provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. Kronz v. State, 462 So.2d 450 (Fla.1985), addressed the issue of whether section 921.161(1) requires a trial judge to give credit for time served in a jail in another state, when the defendant is incarcerated solely because of a charged Florida offense....

PER CURIAM. We reverse and remand for the trial court to award the appellant an additional day of jail credit. See § 921.161(1), Fla....

...hen the defendant is arrested, rather than when the detainer is issued. As pointed out in Combs v. State, 803 So.2d 875 (Fla. 5th DCA 2002), Price has nothing to do with cases involving credit for time served in other states. Price was controlled by section 921.161(1), Florida Statutes, which mandates credit for time spent in the county jail, and Kronz v....

...Though the appellee was at liberty during this time, he was required to perform certain probationary conditions. Appellee satisfied these conditions without incident. The trial court granted the appellee's motion thereby reducing the guidelines sentence by 470 days. Section 921.161(1), Florida Statutes (1987), provides that credit shall be given for all time spent in a county jail before sentencing....

...licate[s] significant constitutional rights," Tal-Mason v. State, 515 So.2d 738, 740 (Fla. 1987). In Tal-Mason, the Court considered whether time spent in a state hospital after a finding of mental incompetence entitled the defendant to credit under section 921.161(1)....

...ical injuries as to amount to a violation of equal protection and a denial of due process. Id. at 740. The time for which the appellee sought credit did not constitute the type of "coercive detention" the Supreme Court found entitled to credit under section 921.161(1) in Tal-Mason....

...The award of credit for time served while on probation is not a matter of discretion as is the award of credit for time served during parole. Were it possible to reward the appellee for his commendable behavior while on probation, this court would uphold the trial court's decision to do so. However, the strictures of section 921.161 do not permit credit to be given for probationary time not spent in coercive detention regardless of the probationer's conduct....

...One subclaim contained within claim two of his motion was not specifically addressed by the postconviction court. Williams alleged that when the 131 days he served in jail when originally charged is added to the five-year sentence imposed after revocation, his sentence exceeds the statutory maximum. See § 921.161(1), Fla....

...Furthermore, a probation violator sentenced to prison is entitled to credit for time served in jail awaiting the original probationary sentence. Walker v. State, 543 So.2d 343, 344 (Fla. 1st DCA 1989); Kirkman v. Wainwright, 465 So.2d 1262, 1263 (Fla. 5th DCA 1985); see also § 921.161(1) ("[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.")....

...However, appellant complains because the trial court did not also give him credit for the time he spent in the Florida State Hospital. This complaint is devoid of merit because the statute mandating credit for time served specifically provides for "credit for all of the time he spent in the county jail before sentence." Section 921.161, Florida Statutes (1975)....

...eceive." No part of the record is attached to the order, and no further explanation is given for the denial. Generally, a court imposing sentence must "allow a defendant credit for all of the time she or he spent in the county jail before sentence." § 921.161(1), Fla....

...gainst that sentence. The same, however, is not true of the time that Canada served in jail after his prior release from prison, while awaiting disposition of his community supervision violations. Entitlement to jail credit is a statutory right. See § 921.161(1), Fla....

663 So.2d 681, 681 (Fla. 5th DCA 1995) ("[Section 921.161(1) ] establishes that jail time credit is not

...At any rate, the error complained of was harmless. Williams v. State, Fla. 1975, 316 So.2d 267; Hall v. State, Fla. 1975, 316 So.2d 279. The trial court erred in failing to give appellant credit for all the time he spent in the county jail before sentence in compliance with § 921.161(1) F.S....

...1st, 1974, 297 So.2d 36; Lawrence v. State, Fla.App.4th, 1975, 306 So.2d 561, but failed to give him credit for 128 days he had spent in jail on the charge prior to the recent arrest. Appellant was entitled to credit for all jail time served before sentence. Sec. 921.161(1) F.S.; Grine v....

...We need not address this claim, however, as these cases do not apply retroactively. See Thomas v. State, 914 So.2d 27 (Fla. 4th DCA 2005). Second, he contends he is entitled to credit for time spent in custody in Pennsylvania after he was first sentenced for the offenses. We disagree. Section 921.161(1), Florida Statutes (1987), provides: *838 A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...We affirm the circuit court's decision with exception to ground seven, which is affirmed without prejudice. The burden is upon the Department of Corrections to determine jail time credit for time spent incarcerated between sentencing and being placed in the custody of the department. § 921.161, Fla....

...84-875F specifically states credit for time served. However, the concurrent sentences in Case No. 82-1124F do not specifically state credit for time served. We remand this case with instructions that the court specifically set forth the amount of jail credit for all sentences imposed. § 921.161(1), Fla....

...Freeman's brief contains extensive factual information outside the record suggesting that he is actually entitled to jail credit in both cases for time served between November 14, 1997, and April 29, 1998. The trial court's record contains the sheriffs certificates prepared pursuant to section 921.161(2), Florida Statutes (1997), and transmitted with Mr....

...Before this Court can issue a writ of mandamus, a petitioner must show a clear legal right to the relief requested and an indisputable legal duty on the part of the respondent to act. See Bernard v. State, 911 So.2d 1259 (Fla. 5th DCA 2005). Out-of-state jail credit is not mandated under section 921.161(1), Florida Statutes (2006)....

...3d DCA 1999). The trial court also erred by requiring the defendant to exhaust his administrative remedies within the Department of Corrections. The allegation here is that the court's sentencing order failed to give adequate credit for time served. See § 921.161, Fla....

..."Pre-sentence jail time is a matter which is within the purview of the circuit court and the failure of that court to make a proper award affects the validity of the sentence imposed." Knox v. State, 692 So.2d 296, 297 (Fla. 3d DCA 1997). The defendant also appears to allege that the jailer's certificate under subsection 921.161(2), Florida Statutes, was incorrect....

...004 — is obviously without merit; the second amount should have included within it the first award of credit, adding, to the original award of credit, the number of days Simpson served after his arrest on VOP charges until his ultimate sentencing. § 921.161(1), Fla....

...the incorrect statute from his original sentence—812.13(2)(a), rather than the correct statute from his post-conviction relief—812.13(2)(b). Moreover, the trial court failed to credit Appellant with the 506 days served in the county jail while awaiting resentencing. Under section 921.161(1), Florida Statutes (2002), “the 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(1), Fla....

...The question raised in this appeal pertains to the award of credit for time appellant served in out-of-state custody prior to sentencing. We affirm the conviction and sentence, but remand for a determination of the appropriate award of credit for time served pursuant to section 921.161(1), Florida Statutes (1985)....

...arge. This credit *1069 contemplates time spent in pre-extradition custody in New Jersey, as well as time spent in county jail in Florida. The state agrees the matter should be remanded to the trial court to determine the credit due for time served. Section 921.161(1), Florida Statutes (1985), requires the trial court to give credit for time served in Florida county jails pending disposition of criminal charges....

PER CURIAM. The judgment is affirmed but this case is remanded for resentencing of appellant. The present sentence does not' specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975), Smith v....

...the trial court so that the defendant may be resentenced in accordance with this court’s opinion in Lewis v. State, 402 So.2d 482 , (Fla.2d DCA, 1981). The defendant also must be given credit for time served on the sentencing order as required by section 921.161(1)....

of credit time to be allowed as required by Section 921.161(1) Florida Statutes. Smith v. State, 310 So

of credit time to be allowed as required by Section 921.161(1), .Florida Statutes (1975); Smith v. State

of credit time to be allowed as required by section 921.161(1) Florida Statutes. Smith v. State, 310 So

...2) from the Circuit Court for Miami-Dade County, Lody Jean, Judge. Walter Griggs, in proper person. James Uthmeier, Attorney General, for appellee. Before SCALES, C.J., and LOBREE and GOODEN, JJ. PER CURIAM.  Affirmed. See § 921.161(1), Fla....

PER CURIAM. We affirm the judgment of the trial court. However, we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1977), requires....

PER CURIAM. We affirm the judgment of the trial court. However, the present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975)....

served on concurrent sentences pursuant to section 921.-161, Florida Statutes (1983). The First, Second

...state prison with a general credit for all jail time. We affirm the judgment of conviction but remand for a correction of the sentence to' reflect the specific amount of credit time to which the appellant is entitled pursuant to the requirements of Section 921.161(1), Florida Statutes....

...f the testimony such as to elevate it to fundamental error mandating reversal irrespective of objection. The failure of the trial court to credit the appellant with the specific period of time served in the county jail before sentence as required by Section 921.161(1), Florida Statutes requires that the case be *34 remanded for appropriate correction in this regard....

PER CURIAM. The judgment is affirmed but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975), Smith v....

...Deleon-Perez filed his "Motion to Correct Sentencing Errors Pursuant to Fla. R. Crim. P. 3.800(b)," alleging that he was entitled to 766 days of jail credit against his sentences but that he only received 765 days. Relying on Florida Administrative Code Rule 23- 21.011(1) (2022), section 921.161, Florida Statutes (2022), and Valdespino v....

...the county jail prior to sentencing; any time a defendant spends in the county jail on the day of or following sentencing is counted toward his prison sentence." The application of days served in jail as a credit against a prison sentence involves the interpretation of a statute, section 921.161, which is subject to de novo review. See Bevans v. State, 291 So. 3d 591, 593 (Fla. 4th DCA 2020). Section 921.161(1) provides: 2  A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...its plain and obvious meaning." Holly v. Auld, 450 So. 2d 217, 219 (Fla. 1984) (quoting A.R. Douglass, Inc. v. McRainey, 137 So. 157, 159 (Fla. 1931)), abrogated on other grounds by Conage v. United States, 346 So. 3d 594, 598 n.3 (Fla. 2022). Section 921.161(1) clearly and unequivocally provides that a defendant must be given credit for all of the time served in the county jail before sentencing....

...s no error; the 106 days of credit applied not per count, but to Jenkins’s entire concurrent sentence. If so, this should be clearly reflected by the sentencing documents. See Daniels v. State, 491 So.2d 543, 545 (Fla.1986) (“[W]hen, pursuant to section 921.161(1), a defendant receives presentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.”); Vasquez v....

sentences imposed on the grand theft counts. See § 921.161, Fla.Stat.' (1986). Therefore, the sentences on

not given credit for time served as provided by § 921.161(1) Florida Statutes (1981). HERSEY, GLICKSTEIN

...ellant’s being adjudicated guilty and sentenced on count 1, with which he was not charged. This should be corrected on remand. In addition, the present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975)....

of credit time to be allowed as required by Section 921.-161(1), Florida Statutes (1975), Smith v. State

...ble error; therefore, the judgment appealed from is affirmed. The sentence of the court, while indicating appellant was to receive credit for time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes (1975)....

...t case. Mr. Fernandez's motion was premature. Rule 3.801(a) states: "A court may correct a final sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes." (Emphasis added.) Mr....

...nt is not *953 entitled to the additional credit because his sentence in Citrus County was not ordered to be served concurrently with the Marion County sentence, which had been served and completed well before the Citrus County sentence was imposed. Section 921.161(1), Florida Statutes (2011), concerns credit for time served and provides, “A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...The credit must be for a specified period of time and shall be provided for in the sentence.” In Daniels v. State, 491 So.2d 543 (Fla.1986), the court held that credit for time served applies differently to concurrent and consecutive sentences, explaining that when, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concun'ently with other sentences, those sentences must also reflect the credit for time served_We distinguish this situation from one in which the de...

...We affirm, as the trial court has properly determined that Smith’s claims, which were not addressed by the trial court’s order of November 14, 2000, should be presented to the Department of Corrections. See Hines v. State, 842 So.2d 999, 1000 (Fla. 2d DCA 2003); § 921.161(2), Fla....

...Appellant contends that he is entitled to credit on his six year sentence for the time he was held in the county jail on the charge prior to sentence. At the time of sentence, there was no statutory requirement that jail time credit be given on a *524 sentence. Subsequently, § 921.161(1), Florida Statutes, was amended by Ch....

...theft of a motor vehicle and one count of arson. Appellant has raised several points on appeal, but merit is found only in the allegation that the trial court incorrectly credited appellant’s county jail time on his four concurrent sentences. See § 921.161, Fla....

...Having considered the points raised in appellant’s pro se brief and in his *748 amended brief, which he sought leave to file, and having reviewed the record, we affirm on all points raised by appellant except as to his assertion that he was not given proper jail time credit against his sentence pursuant to section 921.161, Florida Statutes....

...entry of another order that on its face and by attached portions of the record shows that appellant received proper jail time credit or (2) the holding of an eviden-tiary hearing to determine whether appellant has received proper credit pursuant to section 921.161, Florida Statutes....

of credit time to be allowed as required by Section 921.161(1) Florida Statutes. Smith v. State, 310 So

of credit time to be allowed as required by Section 921.161(1) Florida Statutes. Smith v. State, 310 So

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975), Smith v. State

of credit time to be allowed as required by Section 921.-161(1), Florida Statutes (1975). Smith v. State

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975), Smith v. State

PER CURIAM. Because the trial court failed to enter a new written judgment and sentence pursuant to the amended order on resentencing, we reverse and remand with instructions to do so and to comply with section 921.161(2), Florida Statutes (1991)....

...her attention. The initial “six-month” term simply didn’t work. But the legislature has mandated that a “sentence of imprisonment” shall “allow a defendant credit for all of the time she or he spent in the county jail before sentence.” Section 921.161(1), Fla....

of credit time to be allowed as required by Section 921.-161(1), Florida Statutes (1975). Smith v. State

...untarily. We therefore affirm the judgment of conviction. *171 We conclude, however, that the trial court erred in not crediting the defendant with all the time he spent in county-jail in Florida while awaiting trial on the charges in this case. See § 921.161(1), Florida Statutes; Dunn v....

...You are not required to pay a filing fee to file the attached motion. MOTION FOR CORRECTION OF JAIL CREDIT (hereinafter “Defendant”), in pro se fashion, respectfully moves this Honorable Court for jail credit pursuant to section 921.161(1), Florida Statutes, and Florida Rule of Criminal Procedure 3.801....

time to be allowed appellant as required by Section 921.-161(1), Florida Statutes (1979). Brooker v. State

...The cause is accordingly remanded for the trial judge to determine whether appellant actually served any jail time pursuant to the split sentence given for the second count of grand theft. Any credit given the appellant must be for a specific period of time and shall be provided for in the sentence, Section 921.161(1), Florida Statutes (1979)....

of credit time appellant is to receive as Section 921.161(1), Florida Statutes (1975) requires. Smith

...the records custodian of the Floyd County Jail indicating that the petitioner “was incarcerated in the Floyd Co. Jail, Rome, Ga. for Palm Beach Co., Fl. from 8-13-79 until 9-1-79, when he was released to Palm Beach Co., FI.” (Emphasis supplied.) Section 921.161(1), Florida Statutes (1981), requires that a defendant be given credit for time spent in the county jail prior to the imposition of sentence....

...fore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes....

defendant pre-sentence prison credit pursuant to section 921.161(2), Florida Statutes, constitutes an illegal

...Currently, life means life, and granting Wiebe additional credit for time served will have no practical effect on his sentence. But we recognize that Florida’s sentencing laws are subject to change, and we do not know how the Legislature might amend Florida’s sentencing scheme in the future. 2 Section 921.161, Florida Statutes, provides that defendants are entitled to credit for time served: *731 A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161(1), Fla....

...Lucie County ruled that the defendant was entitled to credit only for the days he spent in the St. Lucie County jail. We affirmed, reasoning: The seminal case in this area is Daniels v. State, 491 So.2d 543 (Fla.1986). That case construed language now in section 921.161(1), Florida Statutes (2000), which provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence....

...a defendant spends time in jail awaiting final resolution of a case in the county where charges are pending. The statute was not written to accommodate the mobile, prolific offender whose criminal transgressions span the state. The proper reading of section 921.161(1) is that a defendant is entitled to credit for each day in jail attributable to the charge for which a sentence is pronounced....

...a defendant has pending around the state. The statute should not be construed so that the *186 credit value of a day in jail expands with the number of cases a defendant has pending in different Florida counties. We doubt that the legislature wrote section 921.161 to reward recidivism....

...POLEN, J., and McMANUS, F. SHIELDS, Associate Judge, concur. . We have jurisdiction under Florida Rule of Appellate Procedure 9.140(c)(l)(M) (2011) ("The state may appeal an order ... imposing an unlawful or illegal sentence_”). . The language of section 921.161(1), Florida Statutes (2011), remains as it existed in 2000.

court failed to comply with the mandate of section 921.-161(1), Florida Statutes (1981). The sentence

...revoked on September 3, 2009. Although the capias was not executed until December 8, 2009, Zuehlke began accruing jail credit in case number 2009-CF-017259 once his bond was revoked after he was taken into custody in case number 2009-CF-017258. See § 921.161, Fla....

...eversible error; therefore, the judgment appealed is affirmed. The order revoking probation, while indicating the appellant was to receive credit for time served, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes....

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975). Smith v. State

the period of credit time to be allowed as Section 921.-161(1), Florida Statutes (1975), requires. Smith

of credit time to be allowed as required by Section 921.161(1), Florida Statutes. Smith v. State, 310 So

...Conley, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant filed a timely rule 3.801 motion asserting that he is entitled to jail credit for the time he was held in the Escambia County Jail awaiting his second trial until the date of sentencing, June 29, 2012. See § 921.161(1)-(2), Fla....

...The transcript of the original plea colloquy (which was attached to the order) also fails to establish the precise amount of credit to which Smith-Taylor was entitled. The State, in its response to the appeal, makes reference to documents prepared by the Department of Corrections, including a sheriffs certificate. See § 921.161, Fla....

PER CURIAM. Mr. Dinkins appeals the trial court’s partial denial of his 3.800(b)(2) motion to correct a sentencing error involving thirty days of jail credit from December 22, 2014, to January 20, 2015. See § 921.161, Fla....

...rney General, for Appellee. PER CURIAM. Mr. Dinkins appeals the trial court’s partial denial of his 3.800(b)(2) motion to correct a sentencing error involving thirty days of jail credit from December 22, 2014, to January 20, 2015. See § 921.161, Fla....

166 days served while awaiting sentencing. See § 921.161, Fla. Stat. (1995) (stating that “the court imposing

...he had spent in the county jail prior to imposition of the sentence. The trial court denied the motion stating that at the time he sentenced appellant to eight years, he took into consideration in the sentence the time appellant had served in jail. Section 921.161(1), Florida Statutes, provides in part as follows: “ ....

...ore the sentencing judge, the motion to correct sentence was denied and petitioner was remanded to the Dade County Jail. Petitioner thereupon requested that we issue our most gracious writ of habeas corpus based upon the contention that, pursuant to Section 921.161, Florida Statutes (1975), credit for time served is mandatory and cannot be waived....

prior to sentencing for his Florida offenses. See § 921.161(1), Fla.Stat. (1995) (“[T]he court imposing a

...partment of Corrections the task of calculating the amount of prison credit that is due . . . ." McCall v. State, 88 So. 3d 1015, 1016 (Fla. 2d DCA 2012). However, the court must specify the amount of jail credit to which a defendant is entitled. § 921.161(1), Fla....

...this and the previous violations. The trial court agreed with the State and sentenced Waithe to two years in prison, with credit for time served of 73 days. We disagree with the trial court’s determination and reverse and remand for resen-tencing. 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(1), Fla. Stat. “The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit.” Briggs v....

PER CURIAM. James Faust appeals the denial of his motion to allow credit for presentence jail time. His motion references both Florida Rule of Criminal Procedure 3.800(a) and section 921.161(1), Florida Statutes (1993)....

...The state concedes there is no record of the nature of Thomas’ earlier detainment. While a defendant is not entitled to credit for time spent on probation, a court is required to award credit for any time during which a defendant is incarcerated before sentence. Tal-Mason v. State, 515 So.2d 738 (Fla.1987); § 921.161, Fla.Stat....

1974). In Kurlin this court declined to construe § 921.161(1), Florida Statutes, which requires credit for

...The trial court in the said sentencing order gave the defendant James A. Lee credit for “such time as he has been incarcerated prior to imposition of this sentence” but failed to specify the exact number of days which the defendant was being credited with pursuant to Section 921.161(1), Florida Statutes (1981)....

PER CURIAM. Affirmed without prejudice to appellant’s seeking post-sentencing jail credit, administratively, from the Department of Corrections. See § 921.161(2), Fla....

PER CURIAM. We affirm the order revoking appellant’s probation. However we remand this case for resentencing of appellant. The present sentence does not specify the amount of credit for time served appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires....

...ore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed, as required by Section 921.161(1), Florida Statutes (1975)....

...ore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed, as required by Section 921.161(1), Florida Statutes (1975)....

of credit time to be allowed as required by Section 921.-161(1), Florida Statutes (1975). Brooks v. State

PER CURIAM. We affirm the judgment of the trial court. However we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as required by Section 921.161(1), Florida Statutes (1975)....

...On remand, violation of condition (4) should be stricken. Warren v. State, 333 So.2d 516 (Fla.2d DCA 1976). Moreover, the sentence recites appellant is to be given credit for time served in jail but does not specify the amount of that credit as required by Section 921.161(1), Florida Statutes (1975)....

PER CURIAM. We affirm the order of the trial court revoking appellant’s probation, but we remand this case for resentencing of appellant. The present sentence does not specifically set forth the period of credit time appellant is to receive as Section 921.161(1), Florida Statutes (1975) requires....

specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. Brooks

Administrative Code Rule 23- 21.011(1) (2022), section 921.161, Florida Statutes (2022), and Valdespino v

...The legality of a sentence is a question of law and is subject to de novo review. Flowers v. State, 899 So.2d 1257, 1259 (Fla. 4th DCA 2005). “[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, Fla....

...This cause is affirmed but is remanded for resentencing. There can be no doubt that the trial judge properly intended to give credit for time served and he said so in open court. However the actual sentence did not specify the amount of time to be credited. Section 921.161, Florida Statutes (1977) specifically requires that “[t]he credit must be for a specified period of time and shall be provided for in the sentence.” AFFIRMED AND REMANDED IN ACCORDANCE HEREWITH....

...Over the defendant's objection, the trial court awarded the defendant additional credit only on a single conviction. On appeal, the defendant claims this was error because the trial court should have granted the additional credit on all concurrent sentences. See § 921.161(1), Fla....

...Jesus Condom appeals the trial court’s denial of his rule 3.801 motion for correction of jail credit. We affirm because Condom does not claim that he is entitled to additional credit for time served in county jail before sentencing as provided in section 921.161, Florida Statutes (2015). See Fla....

...RULE 3.801. CORRECTION OF JAIL CREDIT (a) Correction of Jail Credit. A court may correct a final sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes. (b) Time Limitations....

...MOTION FOR CORRECTION OF JAIL CREDIT -6-  (hereinafter “Ddefendant”), in pro se fashion, respectfully moves this Honorable Court for jail credit pursuant to section 921.161(1), Florida Statutes, and Florida Rule of Criminal Procedure 3.801....

...The maximum term of imprisonment for a felony in the third degree is five years. Section 775.082, Florida Statutes. 1 The trial court also neglected to specify in either sentence the amount of credit time to which appellant is entitled, as required by Section 921.161(1), Florida Statutes (1975)....

...5th DCA 2006) (“[T]he trial court is only required to award credit for pre-sentence jail time; it is the function of the Department of Corrections to award credit for any time served in jail after sentencing but before transfer to state prison. See § 921.161(2), Fla....

...The trial court may enter an order correcting appellant’s jail time credit and appellant need not be returned to the court for this purpose. McNULTY, C. J., and HOBSON and BOARDMAN, JJ., concur. . See Miller v. State, 297 So.2d 36 (Fla. 1st DCA 1974). While appellant was incarcerated prior to the amendment of Section 921.161(1), Florida Statutes, making credit mandatory, he was entitled to credit since he was sentenced after the amendment became effective....

PER CURIAM. We affirm the judgment of the trial court, but we remand this case for the correction' of appellant’s sentence. The present sentence does not specify the amount of credit appellant is to receive for time served as Section 921.161(1), Florida Statutes (1975) requires....

...ER CURIAM. We affirm the judgment of the trial court, but we remand the case to the trial court for the correction of appellant’s sentence. The present sentence does not specify the amount of credit for time served which appellant is to receive as Section 921.161(1), Florida Statutes (1975), requires....

...efore, the judgment appealed is affirmed. The judgment and sentence of the court while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes....

transfers to a drug program or a state prison. See § 921.161(2), Fla.Stat. (1993). If the post-sentence credit

...We hold that the one year served satisfactorily in a pretrial community control program should be credited against a post-conviction sentence for community control, just as credit for time served in jail awaiting trial should be given for a post-conviction jail sentence. See § 921.161, Fla.Stat....

federal prison. Essentially, Brooks argues that Section 921.-161(1), Florida Statutes (1975)1 required the

...years’ probation. The State agreed to drop the child abuse charge. The trial court adjudicated Murray guilty and entered the agreed-upon sentence, awarding him credit for the time he served in jail between his arrest and sentence. See § 921.161(1), Fla....

...ray’s request. The trial court’s reasoning was incorrect because Murray had no prison sentence between the vacatur of his first sentence and the imposition of his second. He therefore did not accumulate any prison credit during this time. See § 921.161(1), Fla....

...fore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes....

...fore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes....

this state that contention is without merit. Section 921.161(1) Fla.Stat., F.S.A. provides: “A sentence

...A judgment or sentence may be reversed on appeal only when an appellate court determines after a review of the complete record that prejudicial error occurred and was properly preserved in the trial court or, if not properly preserved, would constitute fundamental error. . Section 921.161(1), Fla....

...llegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which Gardner sought jail time credit for time spent in a residential drug treatment program while on probation and as a special condition to his probation. We affirm. Section 921.161(1), Florida Statutes (2005), provides: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. The Florida Supreme Court in Tal-Mason v. State, 515 So.2d 738 (Fla.1987), interpreted section 921.161(1), Florida Statutes, to apply to any period of time “served prior to conviction in any institution serving as the functional equivalent of a county jail,” and interpreted “the functional equivalent of a county jail” as not to...

...ew. OTT and DANAHY, JJ., concur. . We are aware of the decision in Bracey v. State, 356 So.2d 72 (Fla.lst DCA 1978), which holds that a person incarcerated as a condition of probation is not "under sentence” for purposes of credit-time pursuant to section 921.161....

...ght month term of imprisonment” is clearly not a jail credit claim but a claim for time served in prison. Rule 3.801(a) specifies that the rule applies only to claims for credit for time “spent in the county jail before sentencing as provided in section 921.161, Florida Statutes.” Accordingly, the postconviction court should have considered this claim of illegal sentence under rule 3.800, and we remand for it to do so....

...unty jail following his arrest on the escape charge. Mr. Garrett must receive credit for all time served in jail between the time he was arrested on the escape charge and when he was transferred to the Department of Corrections following sentencing. § 921.161(1), Fla.Stat....

CASANUEVA, Judge. David Wiggins appeals his sentences in thirteen cases following the revocation of community control in each one. We affirm on all issues except the award of his credit for time served. Pursuant to section 921.161(1), Florida Statutes (1995), Wiggins is entitled to credit for all of the time he spent in the county jail prior to his sentencing....

revocation. That is not required nor permitted. § 921.161, Fla.Stat. (1991); Pennington v. State, 398 So

forth the period of credit time to be allowed. § 921.161(1), Fla.Stat. (1977); Xiques v. State, 369 So

...e county jail prior to being originally placed on probation, State v. Green, 547 So.2d 925, 926 (Fla.1989); State v. Holmes, 360 So.2d 380, 383 (Fla.1978), as well as the time he served in the county jail awaiting his violation of probation hearing. Section 921.161(1), Fla.Stat....

imposed in the second county. See § 921.161, Fla. Stat. (2011); Gethers v. State,

...ncing. . Allowing the credit results in the offender suffering a loss of liberty only for the length of time the court determined was appropriate. The authorization for giving a criminal defendant credit for time served is legislative in origin. See § 921.161(1), Fla....

...The judgment of conviction for burglary of a dwelling and the order denying appellant’s motion for post-conviction relief are affirmed. The cause is remanded to the trial court for a determination of whether appellant is entitled to any jail time credit as required by Section 921.161(1), Florida Statutes (1977)....

...Where, as here, an inmate claims that the Department failed to provide him the correct credit for jail time served in the county jail after the imposition of sentence, and prior to being transferred to the custody of the Department, he must seek relief through the inmate grievance procedure set forth in section 921.161 of the Florida Statutes....

...During the sentencing hearing, the court awarded him credit for “every day previously served.” The written sentencing order awarded credit for 1,012 days. We review the order denying the requested relief de novo. Willard v. State, 22 So.3d 864, 864 (Fla. 4th DCA 2009) (citation omitted). Section 921.161(1), Florida Statutes (2010), provides that “the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” In the context of a violation of probation sentence,...

...d to serve the balance of the three years in jail. Appellant also agreed not to “seek early termination ... from either the State Hospital or from probation.” About one year later, appellant filed his motion to correct sentence, maintaining that section 921.161(1), Florida Statutes (1987), and the supreme court’s recent decision in Tal-Mason v....

...ad that section to the jury was not reversible error in this case. *172 Appellant’s second point claims error for the failure of the trial court at sentencing to give credit for the time appellant served in the county jail prior to sentencing. See Section 921.161, Florida Statutes (1975)....

...e appears to have been transported from prison to the Polk County jail on May 5, 2017. -3- period, assuming that it is not already incorporated into the 340 days of credit that he has been granted. See § 921.161(1), Fla....

spent in jail prior to sentencing, pursuant to § 921.161(1), Florida Statutes (1975). We agree with the

...He was sentenced to five years imprisonment. It appears that prior to being placed on probation appellant had been in jail for a period of time. At that time it was discretionary with the court whether to give credit for previous jail time. Fla.Stat. § 921.161(1) was later amended to require the court to allow the defendant credit for *119 the time he spent in jail before sentencing....

...Reynaldo Diaz appeals the trial court’s order denying his motion for jail credit pursuant to Florida Rule of Criminal Procedure 3.801. We affirm because Diaz does not claim that he is entitled to additional credit for time served in county jail before sentencing, as provided in section 921.161, Florida Statutes....

...ntarily waived extradition.” According to Shatley, his trial counsel was made aware of “all of this information” before sentencing. In his second ground Shatley essentially reiterates his claim for the same jail credit, pointing out that under section 921.161, Florida Statutes, the trial court had the discretion to credit him with any or all the time served in Pennsylvania pending extradition....

with which we are here concerned is Fla.Stat. § 921.-161(1), above quoted, which uses the words “but the

...June 11. Consequently, the record before us indicates that the trial judge was correct in the number of days’ credit he awarded. Appellant also sought credit for forty-four days spent in Florida State Hospital, which the trial judge did not allow. Section 921.161(1), Florida Statutes, does not require that credit be given for time served in a state hospital since state hospitals are not jails....

...One point raised by appellants does merit discussion, however. Appellants contend that the trial judge erred in failing to specify on their sentences the amount of credit due to them for time spent in the county jail awaiting trial, as required by Section 921.161, Florida Statutes (1977)....

...*823 In Bryant and Penny , our sister courts held that credit for time served begins at the time that a detainer is issued. This court has reaffirmed its position taken in Price v. State, 598 So.2d 215 (Fla. 5th DCA 1992), holding that for the purpose of measuring mandatory jail time credit under section 921.161(1), Florida Statutes, a defendant is only entitled to jail time credit from the date that he was arrested on the relevant charges, not from the date that a detainer is issued....

credit for time served at the probation center. Section 921.161(1), Florida Statutes (1983) requires that a

of credit time to be allowed as required by section 921.161(1), Florida Statutes. Smith v. State, 310 So

...date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161(1), Fla....

...under Florida Rule of Criminal Procedure 3.800(b). See id. The trial court must specify presentence jail credit even in imposing a sentence of life imprisonment. See Jenkins v. State, 346 So.2d 1055, 1055 (Fla. 2d DCA 1977) (holding *592 that under section 921.161(1), the “trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence”); Sutton v. State, 334 So.2d 628, 629 (Fla. 4th DCA 1976) (ordering credit for time served against twenty-five-year minimum term on life sentence). PRECOMMITMENT CREDIT IN THE JUVENILE DELINQUENCY SYSTEM No provision corresponding to section 921.161 exists in chapter 985, Florida Statutes, which governs juvenile delinquency proceedings, or in the Florida Rules of Juvenile Procedure....

...The juvenile justice system is designed to rehabilitate youth. Accordingly, juveniles are committed for indeterminate lengths of time. It is, therefore, generally impossible to fix a date from which to deduct time spent in secure detention. Perhaps this is why there is no comparable statute [to section 921.161(1) ] found in Chapter 985....

...iginally served awaiting his initial probationary sentence, because “I took into account at that time that he had been in the county jail and that was one of the reasons that he was placed on probation without any jail sanction.” This was error. § 921.161, Fla....

procedures of the Department of Corrections. See § 921.161, Fla. Stat. (1999); Kennedy v. State, 750 So.2d

period of credit time allowed as required by Section 921.-161(1), Florida Statutes. Macks v. State, 405

...int out to the trial court that, in effect, his client had been given a split sentence within the meaning of Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1980), and that as such, appellant should be entitled, pursuant to section 921.161, Florida Statutes (1983), to credit for time served before imprisonment by the Department of Corrections....

...denied, 434 U.S. 1017 , 98 S.Ct. 737 , 54 L.Ed.2d 763 (1978); K.G. v. State, 338 So.2d 72 (Fla. 3d DCA 1976). The state concedes that the sentencing order must be corrected so as to reflect the specific amount of credit time to which the defendant is entitled. § 921.161(1), Fla....

...Before SHEPHERD, C.J., and FERNANDEZ and LOGUE, JJ. LOGUE, J.  Shayon Hugger appeals an order summarily denying his motion for correction of jail credit under Florida Rule of Criminal Procedure 3.801. “The award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly shows that the defendant waived his or her entitlement to such credit.” Briggs v....

time served in jail prior to sentencing. See § 921.161, Fla. Stat. The defendant’s sentence is vacated

...onstrate any reversible error, and we therefore affirm the judgment. However, the judgment and sentence, although indicating the appellant is to receive credit for “time served,” does not set forth a specific period of credit time as required by section 921.161(1), Florida Statutes (1981)....

...o years' probation, and to 60 days and 85 days, respectively on the misdemeanor offenses. The trial court gave credit for 60 and 85 days on the misdemeanor charges, but failed to grant any credit for time served on the felony charge. This was error. Section 921.161, Florida Statutes (1991), provides that a court imposing a sentence shall allow a defendant credit for all time served in county jail before imposition of sentence....

That decision was based simply on Fla.Stat. § 921.-161(1) (1969), F.S.A., which makes the allowance

...on November 25, 1996. Upon resentencing, defendants like appellant who have been resentenced through no fault of their own are entitled upon resentencing to credit for all actual time served and gain time earned during their initial prison term. See § 921.161(2), Fla....

...ive years incarceration with 148 days credit for time served. However, the appellant has raised on appeal the issue that he received an improper amount of credit time. He is entitled to receive credit for time spent in county jail awaiting sentence, section 921.161(1), Florida Statutes Annotated (1985), Yopp v....

of credit time to be allowed as required by section 921.161, Florida Statutes (1979). Smith v. State, 310

credit for “jail time” is now mandatory under § 921.161(1) F.S. as amended by Ch. 73-71, Laws of Florida

entitled, we remand for correction of his sentence. § 921.161(1), Fla. Stat. (1995); Nappier v. State, 354 So

PER CURIAM. The trial court properly denied Hagans’ petition for jail time credit since Section 921.161(1), Florida Statutes (1979) is not applicable to time spent in county jail by a defendant pending the completion of his trial for escape....

...it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county *870 jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161(1), Fla....

...ces imposed in the first two cases unless his bond had been revoked). In the present case, however, no bond was ever posted and the prisoner was detained in a single jail. The state does not argue otherwise. He was therefore entitled to credit under section 921.161(1) for the time he spent in jail between June 12, 2008, and October 28, 2008, awaiting sentencing for the new law violations....

...y jail, whereas Cochran was ordered to spend eleven (11) months and twenty-nine (29) days in county jail. Appellants urge the trial court erred by not allowing appellants credit for time spent in county jail prior to entry of the order of probation. Section 921.161(1), Florida Statutes (1975), provides: “A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...e, and place a defendant on probation. The court may, as a condition of probation, order that the defendant spend a specified period of time in jail. Section 948.03, Florida Statutes (1975). State v. Jones, 327 So.2d 18 (Fla.1976). We do not believe Section 921.161(1), Florida Statutes-(1975), is applicable in the present situation. The order of probation does not constitute an imposition of sentence necessitating applicability of Section 921.161(1)....

...lusion that appellant has failed to demonstrate prejudicial error during the trial proceedings below. However, it does appear that the trial court failed to give credit for the time- *184 appellant spent in jail prior to sentencing, contrary to F.S. § 921.161(1)....

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State

...’s tentative release date by 576 days. It is so ordered. ROBERTS, C. J., and ERVIN, CARLTON and ADKINS, JJ., concur. . Roy v. State, 207 So.2d 52 (Fla.App. 2nd 1968), cert. dismissed, 211 So.2d 554 (Fla.1968). Although inapplicable here, Fla.Stat. § 921.161(1), F.S.A., would allow a credit in a subsequent order within the same term....

...finement for a period of 15 years. You are not to be given credit on this sentence for any days that you might have served prior to this in the county jail.” Chapter 73-71, Laws of Florida, became effective May 28, 1973. It amended Florida Statute 921.161(1), F.S.A., to read as follows: “A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...Prison for a term of Fifteen (15) years. No credit for jail time. To run consecutive to prior sentences.” It is apparent, therefore, that unless Florida Statute 775.084, F.S.A., is applicable, the challenged sentence is contrary to Florida Statute 921.161(1), F.S.A., as amended....

PER CURIAM. We affirm the trial court’s order summarily denying appellant’s motion seeking additional jail time credit pursuant to section 921.161(1), Florida Statutes, for the sixteen months he served in prison on count I prior to being placed on probation in count II....

...Although we find no error in the trial court’s revocation of the defendant’s probation herein, we conclude that the sentence thereafter imposed contains a technical error in that credit was not given for a specific period of time spent by the defendant in the county jail before sentence was imposed, as required by Section 921.161(1), Florida Statutes (1983)....

...This issue was not preserved for our review, but we note that “[a] sentence of imprisonment shall not begin to run before the date it is imposed, but the 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(1), Fla....

...3.850, seeking credit for five days jail time served prior to a resentencing hearing at which her original sentence was vacated and a new sentence was entered. The trial court denied the motion, stating such credit should be sought through the Department of Corrections. We reverse. Section 921.161(1) Fla....

...etitioner had already spent in jail. Respondent further contends that the trial court’s expression in his judgment in re-trial relative to “jail time” must be measured in light of the legislation then existing with reference thereto, to-wit: F.S. 921.161 "No authority to begin sentence to imprisonment before it is imposed; credit on state prison sentence for jail time after sentence and certificate of sheriff as to such time....

...Culver, 99 So.2d 282 (Fla.1957). It would, however, be in the interest •of justice and helpful to the Division of ■Corrections and an aid in the event of appellate review if henceforth the trial judges would carefully follow the directions in Florida Statute § 921.161, F.S.A., and designate a specified length of time in allowing defendants credit for prior time spent in prison....

period of credit time allowed as required by Section 921.-161(1), Florida Statutes. In all other respects

...t specify the degree of murder attempted or indicate that a firearm was used. It should reflect the specific crime of which appellant was convicted. In addition, the period of credit time to be allowed should be specifically set forth as required by Section 921.161(1), Florida Statutes (1977)....

...esen-tencing on all three counts in order for the trial court to have an opportunity to properly apportion the guideline sentence among the three counts. Fla.R.Crim.P. 3.701(d)(12). SENTENCES VACATED; REMANDED. COBB, C.J., and DAUKSCH, J., concur. . § 921.161, Fla....

PER CURIAM. We reverse appellant’s sentence and remand with directions to the trial court to give appellant credit for “all of the time [he] spent in the county jail before sentence.” Section 921.161(1), Fla.Stat....

PER CURIAM. AFFIRMED. See § 921.161, Fla....

...We find that the special condition of probation was proper under State v. Jones, supra. However, as the state concedes, appellant was entitled to credit for the time served as a condition of probation. Ivey v. State, Fla.1976, 327 So.2d 219 . We also note that pursuant to § 921.161, Fla.Stat....

...The defendants appeal the imposition of a maximum sentence and denial of credit for time served in the county jail from the time of arrest until sentencing, all of which occurred prior to the effective date of Chapter 73-71, Laws of Florida 1973, which amended Florida Statute 921.161(1) F.S.A....

...crimes for which Iannucci had previously been convicted. " The State concedes that the sentence erroneously included the surplus phrase “at hard labor” and did not specify the amount of credit for time Iannucci served in jail before sentencing. Section 921.161(1), Florida Statutes (1975), provides that such credit “must be for a specified period of time and shall be provided for in the sentence.” Because the record does not indicate the amount of credit, we remand this case for resentencing....

PER CURIAM. We remand for correction of appellant Robert Lee Reed’s sentence to reflect credit for time served in county jail pursuant to Section 921.161(1), Florida Statutes....

...dant committed a burglary and a strong arm robbery so as to reflect that the defendant committed a burglary and a petit theft; and (2) give the defendant credit for any time spent in the county jail prior to the imposition of sentence as required by Section 921.161(1), Florida Statutes (1983)....

PER CURIAM. This cause is remanded for correction of the judgment to reflect credit for time served on Count II. Daniels v. State, 491 So.2d 543, 544 (Fla.1986) (“[Wjhen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.”); Ellis v....

COWART, Judge. After his prior conviction was reversed 1 the appellant pled nolo contendere and was resentenced. The sole contention on this appeal is that the trial court erred in failing to give proper credit for time served pursuant to § 921.161(1), Florida Statutes....

...Appellant appeals from a judgment and sentence for robbery entered following revocation of probation. The sentence was life imprisonment “with credit time.” Only one point merits discussion, that relating to the failure of the trial court to state the specific period of time for which appellant was entitled to credit. Section 921.161 Florida Statutes (1975), reads in pertinent part: “The credit must be for a specified period of time and shall be provided for in the sentence.” Thus, the trial court should have specified how much credit time appellant was entitled to have notwithstanding the imposition of a life sentence....

credit for time served prior to sentencing. See § 921.161(1), Fla. Stat. (1994); Munch v. State, 634 So

credit for time served as prescribed in Fla.Stat. § 921.-161(1). Said statute requires that the trial court

...The allegations of his motion are insufficient to show entitlement to additional credit to be awarded by the trial court. The Department of Corrections (“Department”) is responsible for computing credit for time spent in county jail after sentencing. See § 921.161(2), Fla....

concurrently (RCrP 3.-722). As required by Fla.Stat. § 921.-161(1), the defendant was allowed credit for 158

concurrent sentences. Under the provisions of section 921.161, Florida Statutes, the trial court must grant

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1981). Smith v. State

...He was awarded 3,195 days of jail credit. 2 He attached various documents from his Louisiana and Tennessee cases in support. As relief, he requested 1,162 days of jail credit. The trial court summarily denied the motion. Broughton appealed. Section 921.161, Florida Statutes, provides in pertinent part: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. § 921.161(1), Fla....

...lculated scoresheet. SENTENCED VACATED; CAUSE REMANDED FOR RESENTENCING. COBB, COWART and GOSHORN, JJ., concur. . The State concedes the error. . The record on appeal does not affirmatively show that the 384 days prior jail time credited pursuant to section 921.161(1), Florida Statutes, on the sentence in case 87-344-CF includes the 49 days jail time between the defendant’s arrest in case 88-400-CF and his detainment for violation of probation in case number 87-344-CF....

PER CURIAM. We affirm the judgment of the trial court. However, we agree with appellant that the present sentence does not specify the amount of credit for time served in jail as Section 921.161(1), Florida Statutes (1975) requires....

served in jail awaiting trial contrary to Section 921.161, Florida Statutes (1977). Accordingly the three

...rther certify the following question: WHEN THE TRIAL COURT SENTENCES A DEFENDANT TO A PERIOD OF TIME UNDER THE DEPARTMENT OF CORRECTIONS, PURSUANT TO A VIOLATION OF COMMUNITY CONTROL, CAN HE BE GIVEN CREDIT FOR TIME SERVED ON COMMUNITY CONTROL UNDER SECTION 921.161, FLORIDA STATUTES (1985)? Remanded with directions consistent herewith....

government, namely, the Division of Corrections. F.S. § 921.-161, F.S.A. *8164. 5. 6. 12. Petitioner claims that

Law v. Wainwright, 264 So.2d 3 (Fla.1972). Section 921.161(1), Fla.Stat. (1981), requires the trial judge

...that ‘[a]ll jail credit issues must be handled pursuant to this rule,’ the rule does not apply to claims of jail credit for the time a defendant was incarcerated outside the state while awaiting sentencing.” This is because the rule refers to Florida Statute Section 921.161 (2012), and the Florida Supreme Court held that jail credit awarded pursuant to the statute applies only to Florida county jail time. See Kronz v. State, 462 So. 2d 450, 451 (Fla. 1985) (“[W]e conclude that section 921.161(1) requires the trial judge to give credit only for time served in Florida county jails pending disposition of criminal charges.”) 2  Because the motion for post-conviction relief w...

the amount of credit for time *802served as Section 921.161(1), Florida Statutes (1975) requires. Knight

...1st DCA 1963); cf. Johnson v. State, 497 So.2d 863, 867-68 (Fla.1986). Second, it appears from the record, however, that the defendant was not given credit for the time he allegedly served in the county jail prior to his sentencing, as required by Section 921.161, Florida Statutes (1987)....

...in the county jail prior to his sentencing; as to the latter, the cause is remanded to the trial court with directions to give the defendant credit for the time, if any, which he served in the Dade County Jail prior to his sentencing, as required by Section 921.161, Florida Statutes (1987)....

Florida to face charges in the instant case. See § 921.161(1), Fla. Stat. (2006) (providing: “A sentence

...cember 31, 1997, and from October 2, 1998, to February 17, 1999. The State did not dispute that the defendant was confined to jail during these time periods. Since a defendant is entitled to credit for all time spent in jail prior to sentencing, see § 921.161(1), Fla....

...Jesus Sanchez appeals a trial court order on his motion to correct illegal sentence brought pursuant to Florida Rule of Criminal Procedure 3.800(a). The substantial question presented is whether a criminal defendant formerly incompetent to stand trial is entitled to jail-credit under section 921.161(1) of the Florida Statutes for time during which he is in civil detention and his charges are mandatorily dismissed pursuant to Florida Rule of Criminal Procedure 3.213(b) if the defendant subsequently re-gains competency to stand trial on the charges, is found guilty and is sentenced pursuant to those charges....

...ards Sanchez a total of 2,474 days of jail-credit still misses the mark and correct it after our analysis of the significant issue presented. II. Analysis A. Sanchez Is Not Entitled to Jail-Credit For The Time He Was Detained Without Charges Pending Section 921.161(1) of the Florida Statutes (1994) governs jail-time credit....

...nt jail-credit for a pre-conviction, pre-trial period when he was involuntarily hospitalized under the Baker Act. 2 Sanchez’s argument is misplaced. Talr-Mason clearly establishes not one, but a two-part test for the extension of jail-credit under section 921.161(1) of the Florida Statutes: 1) a coercive deprivation of liberty in an institution “serving as the functional equivalent of a county *1065 jail,” and 2) the purpose for the time spent must be in furtherance of pending charges....

...3.213(b). It was Sanchez’s own medical condition, albeit mental in nature, that necessitated his Baker Act hospitalization. We find orn-ease factually indistinguishable from Morgan and decline to extend Tal-Mason to award Sanchez jail-credit under section 921.161(1) of the Florida Statutes for Periods Three and Six....

...be reversed. We agree and reverse the denial of Kopp’s motion as it relates to the 143 days from January 19 to June 10, 2003. We remand with directions to correct Kopp’s sentence to reflect the additional 143 days of credit for time served. See § 921.161(1), Fla....

...This Court issued the writ and required a return. The respondent, through the Attorney General, has promptly responded to the writ of habeas corpus and states that petitioner’s claim that he should have been given credit for time served in county jail prior to sentencing has merit. Section 921.161(1), Florida Statutes. Respondent *9 agrees that pursuant to Section 921.161, Florida Statutes, as amended by Chapter 73-71, Laws of Florida, effective May 28, 1973, petitioner is entitled to credit for time served in county jail from October 7, 1973 to April 26, 1974, a period of 201 days and requests that th...

PER CURIAM. The judgment appealed is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

...resentencing. Nothing herein precludes the appellant from filing a motion to withdraw his guilty plea on the heroin charge. We also note that the present sentences do not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

...Herein fail not.” Insofar as the said Uniform Commitment to Custody of Division of Corrections purports to deprive appellant of the 115 days jail time provided for in the judgment and sentence as reflected by the Circuit Court Minute Book, it is erroneous. (See F.S. 921.161) Accordingly, the judgment and sentence (as reflected by the Circuit Court Minute Book) are affirmed but we remand to the trial court to correct the erroneous sentence reflected in the Uniform Commitment to Custody of Division of Corrections....

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State

credit authorized by the sentencing court under section 921.161, Florida Statutes? In sum: The length of a

...It is immaterial that if the 220 days credit for jail time served as a condition of her probation were subtracted from the 37 months imprisonment, the sentence would have been within the one cell block increase permitted for the probation violation. Under section 921.161, Florida Statutes, the defendant was entitled to credit for the jail time served, see Kirkman v....

and the appellant entered this appeal. Florida Statute 921.161, F.S.A. is controlling on this point. This

...You are not required to pay a filing fee to file the attached motion. MOTION FOR CORRECTION OF JAIL CREDIT (hereinafter “Defendant”), in pro se fashion, respectfully moves this Honorable Court for jail credit pursuant to section 921.161(1), Florida Statutes, and Florida Rule of Criminal Procedure 3.801....

...Department of Corrections. The trial court properly denied jail credit for this period. The sheriff is obligated to report this post-sentencing period of imprisonment to the Department, and the Department calculates the effect of this jail time. See § 921.161, Fla....

PER CURIAM. The judgment appealed from is affirmed, but this case is remanded for resentencing of the appellant. The present sentence does not specifically set forth the period of credit time to be allowed, as required by Section 921.161(1), Florida Statutes (1975)....

of credit timé to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State

of credit time to be allowed as required by Section 921.161(1) Florida Statutes. Smith v. State, 310 So

CONFESSION OF ERROR PER CURIAM. On this appeal, Quinton Roberts asserts, and the State properly concedes, that he is entitled to receive credit for eight days served in the county jail preceding his sentencing in Case 01-231. See § 921.161(1), Fla....

...me spent on community control. The legality of a trial court’s sentence is reviewed de novo. Claycomb v. State, 142 So.3d 916, 917 (Fla. 4th DCA 2014). The general rule is that a defendant cannot receive credit for time spent on community control. Section 921.161(1), Florida Statutes (2015), governs jail-time credit: A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The Florida Supreme Court has interpreted section 921.161(1) as requiring credit for time served “in any institution serving as the functional equivalent of a county jail.” Tal-Mason v....

...uestion to the Florida Supreme Court: When the trial court sentences a defendant to a period of time under the Department of Corrections, pursuant to a violation of community control, can he be given credit for time served on community control under Section 921.161, Florida Statutes (1985)? Id....

...A letter in the court file suggests that Mr. Bressi was in the custody of Alachua County for part of the time between November 28, 1998, and October 4, 1999, while still facing the Columbia County charges. We do not decide today whether he is entitled, pursuant to section 921.161(1), Florida Statutes (1999) (stating a court shall award credit to a defendant for "all of the time she or he spent in the county jail before sentence”), to receive jail credit for any time he may have spent incarcerated in Alachua County....

...Therefore, that portion of the sentence pertaining to the trial court’s retention of jurisdiction should be stricken. The five year sentence imposed for the robbery offense did not credit appellant for time served in county jail in Florida prior to imposition of sentence. A sentencing court is required under section 921.161, Florida Statutes (1981), to credit a defendant with all time spent in county jail before sentence....

time to be allowed appellant as required by section 921.-161(1), Florida Statutes (1979). Shemwell v. State

PER CURIAM. The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does *960 not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

...This current appeal ensued. II. ANALYSIS Pursuant to Rule 3.801(a), Fla. R. Crim. P., “[a] court may correct a sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes.” A motion filed under Rule 3.801 shall be under oath and include: (1) a brief statement of the facts relied on in support of the motion; (2) the dates, location of inca...

...alty harmless error as more fully explicated in this court’s opinion in Murray v. State, 378 So.2d 111 (Fla.5th DCA 1980). The defendant also urges, and the state agrees, that the defendant was not given credit for time served prior to sentencing. Section 921.161(1), Florida Statutes (1977)....

...lth a downward departure sentence would, in effect, serve as an end-run around existing statutory law and case law holding that a defendant is not entitled to receive credit, against his incarcerative sentence, for time spent on house arrest. See § 921.161(1), Fla....

...is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.”); Fernandez v. State, 627 So. 2d 1 (Fla. 3d DCA 1993) (holding defendant was not entitled, under section 921.161(1), to credit against the incarcerative portion of his sentence for the time he served on house arrest)....

...ew. New Rule 3.801 (Correction of Jail Credit) We adopt new rule 3.801 as proposed with a minor modification. This new rule governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161, Florida Statutes (2012)....

...ange] RULE 3.801. CORRECTION OF JAIL CREDIT (a) Correction of Jail Credit. A court may correct a sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes. (b) Time Limitations....

...case no. 97-24413 CF10. The allegations of his motion are insufficient to show entitlement to additional credit. The Department of Corrections (“Department”) is responsible for computing credit for time spent in county jail after sentencing. See § 921.161(2), Fla....

...The county jail where appellant was incarcerated after sentencing was required, when delivering Grant to the Department, to certify in writing “[t]he date the sentence was imposed and the date the prisoner was delivered to the department.” See § 921.161(2)(a)....

...81-11683 Mackin was sentenced as an habitual offender without the court following the procedures set out in section 775.084, Florida Statutes (1981). Further, the court failed to give Mackin credit for time served prior to his sentence as required by section 921.161(1)....

prior to his resentenc-ing pursuant to Fla.Stat. § 921.161 (1973). While it is difficult to see how this

PER CURIAM. We affirm the judgment of the trial court. However we agree with appellant that there are imperfections in his judgment and sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires....

NIMMONS, Judge. Appellant claims that the trial court erred in failing to give him credit, pursuant to Section 921.161(1), Florida Statutes (1981), 1 for time which he had served prior to revocation of probation and sentencing....

...State, 395 So.2d 1242 (Fla. 1st DCA 1981), where this Court held that “residence” of a probationer at the “Men’s Probationers Restitution Center in Jacksonville” was not incarceration for purposes of entitlement to credit for time served under Section 921.161. In the instant case, there is no evidence, as there was in Turner , indicating the milieu in which the appellant was confined or residing. Because of the factual criteria upon which the courts have relied in determining entitlement under Section 921.161 to time “served” in a facility other than a jail, we must remand to the trial court for reconsideration, after an eviden-tiary hearing, of the appellant’s entitlement to credit for the time spent at the subject facility in Jacksonville....

...Replogle, it would be my intention to modify upward. * ⅜ * # * * Mr. Replogle: I guess on behalf of Mr. Sapp, I would ask the court to not modify the sentence, but to give credit for time served. The court refused to do so. This was error. The defendant, by virtue of the provisions of Section 921.161(1), was entitled to credit against the sentence imposed for all time which he had served in the county jail....

...The court is precluded on remand from modifying the sentence upward. Cf. James v. State, — So.2d -(Fla. 1st DCA 1984) [9 FLW 193, January 27, 1984], Reversed and Remanded for further proceedings consistent with this opinion. SMITH and WIGGINTON, JJ„ concur. , Section 921.161(1) provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

PER CURIAM. We reverse because the trial court failed to credit the appellant for time served to which he is entitled pursuant to Section 921.161, Florida Statutes (1993)....

ROBERT P. SMITH, Jr., Judge. Hipke complains of Parole and Probation Commission action fixing his tentative release date. Fla.Admin.Code Chapter 23-19. When Hipke was sentenced in 1972, Section 921.161(1), Florida Statutes (1971), permitted but did not require the sentencing judge to allow explicit credit for jail time served before sentence....

...We affirm the sentence, finding the argument raised in appellant’s brief to be without merit. We remand, however, for the trial court to correct the written sentence to specifically set out the amount of credit for time served to be allowed the defendant. Section 921.161(1), F.S.; Marshall v....

...You are not required to pay a filing fee to file the attached motion. MOTION FOR CORRECTION OF JAIL CREDIT (hereinafter “Defendant”), in pro se fashion, respectfully moves this Honorable Court for jail credit pursuant to section 921.161(1), Florida Statutes, and Florida Rule of Criminal Procedure 3.801....

...Patino asked the trial court to award her 540 days of jail credit, to be applied to her four-year mandatory minimum prison sentence. She claimed entitlement to the two days she spent in jail and to the 538 days she wore the GPS monitor while released on bond, pursuant to section 921.161(1), Florida Statutes (2012). Relying on Turner v....

...]ourt to award that [credit]." Further, and despite finding that Patino was not legally entitled to credit, the trial court found that the GPS monitoring in Patino's case "is a coercive deprivation of liberty as contemplated under Florida Statute 921.161," which mandates credit for such deprivation....

...er such an award renders Patino's sentence unlawful and illegal in part. Although it did not expressly allocate the award of jail credit, the trial court correctly granted Patino's request for credit for the two days she spent in county jail. See § 921.161(1). The trial court erred, however, in granting Patino 538 days of credit for the time she was subject to GPS monitoring. Section 921.161(1) requires credit for time served "in any institution serving as the functional equivalent of a county jail." State v....

PER CURIAM. Affirmed. § 921.161, Fla.Stat. (1993); Daniels v. State, 491 So.2d 543 (Fla.1986).

...State, 700 So.2d 800, 801 (Fla. 4th DCA 1997); Washington v. State, 662 So.2d 1027, 1028 (Fla. 5th DCA 1995). If appellant is correct in his assertion that the custodian of the local jail did not certify the information about his post-sentence jail time as required by section 921.161(2), Florida Statutes (2007), then appellant may seek mandamus in the circuit court....

...case numbers at the top of his rule 3.801 motion. However, Richardson clearly referenced case number 12-6456 in the body of the motion, provided the dates and location of incarceration, and identified the total credit that was not properly awarded. Section 921.161(1), Florida Statutes (2013), states that “[a] sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence.” “ ‘[W]hen, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.’ ” Ran *713 sone v....

PER CURIAM. The judgment appealed is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975)....

PER CURIAM. We affirm the judgment of the trial court. However, the present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975) requires....

...We have carefully examined the other point raised by appellant and find error, if any, was harmless. Although we affirm appellant’s conviction, we must remand this case for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

PER CURIAM. We affirm the judgment of the trial court. However we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires....

...judgment appealed is affirmed. However, the judgment and sentence of the court, while indicating that appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975)....

...The constitutional guarantee against multiple punishments for the same offense absolutely requires that punishment already exacted must be fully credited in imposing sentence for reconviction of the same offense. North Carolina v. Pearce, supra; cf. Section 921.161(1), Florida Statutes (1973)....

PER CURIAM. We affirm the judgment of the trial court. However, the present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975) requires....

...The orders revoking appellant’s probation and sentencing him to two consecutive ten year terms are affirmed, but these cases are remanded for resentencing of appellant. The present sentences do not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

...Rule 3.800(a) is not the correct vehicle to review post-sentencing jail credit issues. As we held in Salazar v. State, 892 So.2d 545, 547 (Fla. 3d DCA 2005): If an inmate believes that the Department has not granted correct credit in accordance with the section 921.161 jail certificate, then the inmate must seek relief through the grievance procedure .......

...(citing T.L.S. v. State, 949 So.2d 290, 291 (Fla. 5th DCA 2007))). “[A]ny person sentenced must receive credit for all time spent in jail prior to the imposition of sentence.” See Barnishin v. State, 927 So.2d 68, 70 (Fla. 1st DCA 2006) (citing § 921.161(1), Fla....

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State

of credit time to be allowed as required by Section 921.161(1) Florida Statutes. Smith v. State, 310 So

of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v. State

specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires. Brooks

of credit time to be allowed as required by Section 921.-161(1), Florida Statutes (1975); Brooks v. State

December 1, 2016, the date of sentencing. See § 921.161, Fla. Stat. (2016); Kendrigan v. State, 941 So

...on of probation sentence. We reverse and remand on that issue. On remand, the trial court should calculate Appellant's jail credit from September 25, 2016, the date of arrest on the new law violation, to December 1, 2016, the date of sentencing. See § 921.161, Fla....

PER CURIAM. Affirmed. See § 921.161(1) Fla....

county jail prior to sentencing, as required by § 921.161, F.S.1973. Accordingly, we affirm the judgment

...The trial court calculated the credit as follows: April 8, 2017 to April 24, 2017 = 20 days August 21, 2017 to March 1, 2018 = 162 days Total: 182 days 1 "A court may correct a final sentence that fails to allow a defendant credit for all of the time he or she spent in the county jail before sentencing as provided in section 921.161, Florida Statutes." Fla. R. Crim. P. 3.801 ; see § 921.161, Fla....

...5th DCA 2006) (stating that a “trial court is only required to award credit for pre-sentence jail time; it is the function of the Department of Corrections to award credit for any time served in jail after sentencing but before transfer to state prison”); see also § 921.161(1), Fla. Stat....

PER CURIAM. The judgment below is AFFIRMED subject to remand for correction of discrepancies appearing of record as to the amount of gain time due appellant under Florida Statute § 921.161....

...abilitate youth. Accordingly, juveniles are committed for indeterminate lengths of time. It is, therefore, generally impossible to fix a date from which to deduct time spent in secure detention. Perhaps this is why there is no comparable statute [to section 921.161(1) ] found in Chapter 985....

is why there is no comparable statute [to section 921.161(1) ] found in Chapter 985. Nevertheless, this

...ars from the record on appeal that the trial court did properly exercise its discretion. Therefore, finding no merit to appellant’s argument, we affirm the ruling of the trial court denying his motion under Rule 1.850 F.C.P.R. See Florida Statutes § 921.161, F.S.A., and Perez v....

...State, 348 So.2d 1244 (Fla. 1st DCA 1977). The judgment and sentence of the court, while indicating that appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed, as required by Section 921.161(1), Florida Statutes (1975)....

of credit time to be allowed as required by Section 921.161(1) Florida Statutes (1975); Brooks v. State

...y jail while awaiting disposition of his previous probation violations. 2 The trial court summarily denied the motion and this appeal followed. Ordinarily, a defendant is entitled to all credit for time served in county jail awaiting sentencing. See § 921.161(1), Fla....

PER CURIAM. The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

PER CURIAM. The judgment appealed from is affirmed, but this case is remanded for resentencing of appellant. The present sentence does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1975); Brooks v....

...We affirm the order of the trial court revoking appellant’s probation. See Thomas v. State, 317 So.2d 450 (Fla.3d DCA 1975). However, we agree with appellant that there are imperfections in his sentence. The present sentence does not specify the amount of credit for time served as Section 921.161(1), Florida Statutes (1975), requires....

award of jail time credit is mandatory under section 921.161, Florida Statutes, unless the record clearly

...it. In Daniels v. State, 491 So.2d 543, 545 (Fla.1986), the supreme court highlighted the distinction between a case like Jackson’s and a case in which a defendant receives concurrent sentences on multiple charges: [W]e find that when, pursuant to section 921.161(1), a defendant receives pre-sen-tence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served.......

2d 119, 120-21 (Fla. 1st DCA 1998). Under section 921.161(1), Florida Statutes (1997), “the court imposing

sentence. A sentencing court is required under section 921.161(1), Florida Statutes (1981), to credit a defendant

...fore, the judgment appealed is affirmed. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes....

PER CURIAM. Defendant’s sentence for grand theft of a motor vehicle is reversed and remanded for resentencing with credit for time served pursuant to section 921.161(1), Florida Statutes (1983). A trial court cannot avoid compliance with section 921.161(1), which requires giving credit for time served in county jail prior to sentencing, by reducing the imposed sentence by an amount of time estimated to be equal to the time for which credit should be given....

...appellant had ability to pay costs during the probationary period. We also find merit in appellant’s contention that the trial court erred in failing to award credit for time previously served in the Nassau County jail as a condition of probation, Section 921.161(1), Florida Statutes; Calhoun v....

MILLS, Judge. Elbert appeals from the denial of his motion for jail time credit pursuant to 3.800(a), Florida Rules of Criminal Proce *916 dure, and Section 921.161, Florida Statutes (1983)....

...The trial court denied the motion based upon the conclusion that the appellant was only due the same amount of jail credit awarded in the original judgment and sentence. We reverse for further proceedings. A court is required to give a defendant credit for all of the time served in county jail prior to sentencing. § 921.161, Fla....

receive credit pursuant to the provisions of Section 921.-161(1), Florida Statutes (1987). Reversed and

...deemed denied when the trial court did not timely rule on the motion. See Fla. R. Crim. P. 3.800(b)(2)(B). Long argues and the State concedes that the sentences failed to specify the amount of jail credit to which Long is entitled as required by section 921.161, Florida Statutes (2013)....

...deemed denied when the trial court did not timely rule on the motion. See Fla. R. Crim. P. 3.800(b)(2)(B). Long argues and the State concedes that the sentences failed to specify the amount of jail credit to which Long is entitled as required by section 921.161, Florida Statutes (2013)....

sentence. A sentencing court is required under Section 921.161(1), Florida Statutes (1979), to credit a defendant

...tificates. This claim must be addressed by the Department of Corrections. See Salazar v. State, 892 So.2d 545, 547 (Fla. 3d DCA 2005) ("If an inmate believes that the Department has not granted correct [post-sentencing] credit in accordance with the section 921.161 jail certificate, then the inmate must seek relief through the inmate grievance procedure.”); see also Jenkins v....

...error; therefore, the judgment appealed is affirmed. The judgment and sentence, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes....

...e served awaiting a probation hearing. See Reed v. State, 616 So.2d 592 (Fla. 4th DCA 1993); Morgan v. State, 528 So.2d 991 (Fla. 4th DCA 1988); Richards v. State, 521 So.2d 292 (Fla. 1st DCA 1988); McCray v. State, 517 So.2d 770 (Fla. 2d DCA 1988); section 921.161(1), Florida Statutes....

...Maldonado's drug-court participation agreement does not conclusively refute her claim that she is entitled to additional credit for time served in jail as a drug-court sanction or after she was charged with violating probation but before her sentence was imposed. Section 921.161, Florida Statutes (2011), entitles a defendant to jail time credit for the time he or she spends in county jail "before sentence." A defendant may waive this entitlement....

...Appellant began his probationary term on March 28, 1989. On October 22, 1991, the trial court revoked appellant’s probation and sentenced him to twelve years imprisonment with credit for 404 days time served. Appellant argues that the trial court erred in denying him jail time credit, pursuant to section 921.161(1), Florida Statutes (1991), for his time spent on probation....

864 (Fla. 4th DCA 2009)). Pursuant to section 921.161(1), Florida Statutes (2017), “the court imposing

...The judgment and sentence of the court in case number 76-2026 (trial court no. 76-2366); while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1) Florida Statutes....

...Nicholson seeks review of an order which denied his motion to have full jail time credited to both of his concurrent sentences. The trial court credited full jail time on one concurrent sentence, but applied no jail time credit to the other concurrent sentence. The issue on this appeal is whether Section 921.161(1), Florida Statutes 1 requires that a defendant shall be credited on each concurrent sentence with all of the time spent in the county jail awaiting sentence....

...83-5745 runs concurrently with the sentence imposed in Case No. 83-5937. We find the issue in this appeal is controlled by the Florida Supreme Court’s decision in Daniels v. State, 491 So.2d 543 (Fla.1986). In Daniels the court held that “when, pursuant to section 921.161(1), a defendant receives pre-sentence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time *1143 served.” (Emphasis in the original.) See also Vasquez v....

...1st DCA 1985); Kinney v. State, 458 So.2d 1191 (Fla. 2d DCA 1984). Accordingly, the trial court’s order is reversed and remanded with directions to apply full jail-time credit to both concurrent sentences. ERVIN, WENTWORTH and JOANOS, JJ., concur. . s.921.161(1), Fla.Stat....

(Fla. 1st DCA 1974) and section 921.161(1), Florida Statutes (1981). Section 921.161(1) provides: A sentence

...me served ordered on November 5, 1999, to be applied not just to the sentence imposed on Count 2 but to all of the concurrent sentences imposed in case 96-27765C. See Daniels v. State, 491 So.2d 543, 545 (Fla.1986) (holding that “when, pursuant to section 921.161(1), a defendant receives pre-sen-tence jail-time credit on a sentence that is to run concurrently with other sentences, those sentences must also reflect the credit for time served”)....

...ength of time the juvenile is committed. L.K. v. State, 729 So.2d 1011 (Fla. 4th DCA 1999). In doing so, however, we make the following observation. The authorization for giving an adult defendant credit for time served is legislative in origin. See § 921.161(1), Fla....

...State, 488 So.2d 532, 534 (Fla.1986): Sentencing errors which do not produce an illegal sentence still require a contemporaneous objection if they are to be preserved for appeal. AFFIRMED. PETERSON, J., concurs. GRIFFIN, J., dissents, with opinion. . By enacting section 921.161(1), the legislature, in its wisdom, provided that A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence....

...Edward Thomas Francis was convicted of escape contrary to section 944.40, Florida Statutes (1979). The state appeals the three-year sentence and contends the trial court erred in giving the defendant credit for county jail time served prior to sentencing on his escape charge. We agree. Although section 921.161(1), Florida Statutes (1979), provides that a defendant is entitled to credit for all the time he spent in the county jail before sentence, such credit should not apply against the escape sentence....

convictions for which he was placed on probation. § 921-161(1), Fla.Stat. (1981). The cause accordingly is

sentence, as required, in his opinion, by section 921.161(1), Florida Statutes. We reverse. On May 31

...This provision is mandatory and cannot be undercut by the trial court. Van Buren v. State, 500 So.2d 732 (Fla. 2d DCA 1987); State v. Muoio, 438 So.2d 160 (Fla. 2d DCA 1983). While anyone sentenced to a term of imprisonment is entitled to “credit for all of the time he spent in the county jail before sentence,” section 921.161(1) Florida Statutes (1985), that provision, like section 316.193(4)(b), is limited to actual incarceration and has been held inapplicable to such institutions as drug rehabilitation centers, Pennington v....

...r the aforementioned offense was three years, without reference to any credit for jail time. The Uniform Commitment to Custody of Division of Corrections is erroneous in that it purports to deprive appellant of the 85 days jail time required under F.S. 921.161....

...This case comes before this court pursuant to a brief filed in accordance with Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967). Upon an independent examination of the record, we determine that the trial court did not award appellant credit for time served in jail prior to his sentencing. Section 921.161, Florida Statutes (1991), provides: (1) A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence. The requirements of section 921.161(1) are mandatory, and a sentence that does not allow for proper credit for time served is an illegal sentence....

...unt of credit he is to receive for time served. The trial court sentenced the appellant to 364 days in the county jail with credit for time served; however, the written sentence does not reflect the amount of credit the appellant was to receive. See § 921.161(1), Fla.Stat....

...n County charges. According to the state, he was credited for the time served in the Martin County Jail only against his Martin County case. He received credit against his current sentence for only the time that he served in the Broward County Jail. Section 921.161(1), Florida Statutes (1993), requires that credit for the time spent in jail between the date of arrest and the date of sentencing be awarded against the sentence eventually imposed....

...se because it is the responsibility of the trial court to determine the amount of jail credit and to provide for it in the written sentence. See Martin v. State, 799 So.2d 343 (Fla. 5th DCA 2001). See also State v. Mancino, 714 So.2d 429 (Fla.1998); § 921.161(1), Fla....

...Here, appellant’s motion alleges that in case no. 08-9714CFA02 he spent 210 days in jail both before he was originally sentenced to probation in that case and prior to VOP resentencing. If true, appellant would be entitled to both increments of jail credit, as a criminal defendant must under § 921.161(1), Fla....

...rule 3.850(f)(2) that if a motion is facially insufficient, the trial court must give the defendant 60 days to amend). Should Cappelletti file a timely and facially sufficient motion, we draw the postconviction court's attention to section 921.161(2), Florida Statutes (2010), which provides that defendants shall be awarded credit for all time spent in county jail before sentencing....

...When the trial court resentenced appellant, it awarded credit for the time appellant had served in prison while the appeal of the original sentence was pending, but it did not award credit for the time appellant spent in jail prior to the original sentence as required by section 921.161(1), Florida Statutes (1993)....

...The appellant’s motion to expedite appeal is granted. *788 We hold that when the court stays and withholds the imposition of sentence and places a defendant on probation, as authorized by section 948.01(3), Florida Statutes, the probationer is entitled to credit under section 921.161(1), Florida Statutes, for all time he spent in the county jail before “sentence” against any incarceration imposed as a condition of probation....

...In addition, it provides that a timely filed motion for rehearing tolls rendition of the order subject to appellate review. New Rule 3.801 (Correction of Jail Credit) We adopt new rule 3.801 as proposed. This new rule governs the correction of a sentence that fails to allow county jail time credit as provided in section 921.161, Florida Statutes (2012)....

...e the date he was sentenced. We reverse. The judgment and sentence of the court, while indicating the appellant was to receive credit for all time served in jail, does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1977)....

...rve one year in the Dade County Jail. After a careful review of the record, it is our opinion that appellant’s conviction must be affirmed; however, we note that in sentencing appellant to one year incarceration, the trial court failed pursuant to Section 921.161(1), Florida Statutes (1975), to credit appellant for the time which he served while awaiting sentencing. Therefore, we remand the cause to the trial court for resentencing in accordance with Section 921.161(1)....

...2d DCA 1985). The record indicates that appellant has served approximately one and one-half years on the grand theft charge prior to violating his probation. Appellant additionally is entitled to credit for any time spent in the county jail before sentence, section 921.161, Florida Statutes (1983), and all time served on warrants charging violation of probation....

...Wainwright, Fla.1973, 275 So.2d 235 in which the court held that the time spent in county jail by defendant prior to the completion of his trial for escape from state prison counts toward his .original state prison sentence. The court observed that such a situation constitutes an exception to § 921.161, pointing out that the existing uncompleted prison term traveled with the escaped prisoner so that the moment he was detained that sentence by operation of law resumed....