Johnson v. State

BARFIELD, Judge.

Susan Marie Johnson was sentenced to a mandatory three years in prison for the offense of attempted first degree murder with a firearm. Defense counsel requested the court to grant credit for time served prior to sentence. The trial court declined to grant credit, stating, “You cannot have credit for jailtime on a mandatory sentence.” The trial court erred and we reverse. James v. State, 443 So.2d 510 (Fla. 1st DCA 1984); Polk v. State, 418 So.2d 388 (Fla. 1st DCA 1982); Brown v. State, 353 So.2d 214 (Fla. 2d DCA 1977); Bacon v. State, 346 So.2d 629, 631 (Fla. 2d DCA 1977);…