Florida District Courts of Appeal, 1993

Thomas v. State

Florida District Courts of Appeal · Decided January 22, 1993 · No. 92-1162 · Dauksch

612 So. 2d 684; 1993 WL 9787 (Southern Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

Green v. State (Fla. Dist. Ct. App. 1994)
Mongiouvi v. State (Fla. Dist. Ct. App. 1994)
Young v. Florida Commission on Offender Review (Fla. Dist. Ct. App. 2017)
Pearson v. Moore (Fla. Dist. Ct. App. 2000)
Hudson v. State (Fla. Dist. Ct. App. 1996)
Forbes v. Singletary (Fla. 1996)
Lancaster v. State (Fla. Dist. Ct. App. 1995)
Branton v. State (Fla. Dist. Ct. App. 1994)
McKay v. State (Fla. Dist. Ct. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

612 So.2d 684 (1993)

Paul THOMAS a/k/a Harold F. Burr, Appellant,
v.
STATE of Florida, Appellee.

No. 92-1162.

District Court of Appeal of Florida, Fifth District.

January 22, 1993.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

This is an appeal from a sentence imposed after violation of probation. The pertinent facts here are similar to those in Wilson v. State, 603 So.2d 93 (Fla. 5th DCA 1992). The sentencing court did not give full credit to this appellant for all time served, both pre-violation and pending sentence for violation. Therefore, we must vacate the sentence and remand for resentencing. Sentencing is the obligation of the court, not the department of corrections; so any reliance upon the jailers to compute properly the time served is an improper relinquishment of authority and duty of the judiciary to the executive.

This is not to say that the court cannot consider input from the department, or appellant for that matter, before final *685 computation and determination of the credit for time served.

SENTENCE VACATED; REMANDED FOR RESENTENCING.

GOSHORN, C.J., and DIAMANTIS, J., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.