Legal Opinion

Gillen v. State

District Court of Appeal of Florida

Decided July 16, 1997No. 96-3722PublishedCited by 3 opinions

1Per curiam

Defendant argues that the written sentence is not correct in that it does not reflect the amount of jail credit orally pronounced at the sentencing hearing. He argues that the trial judge orally announced that he would give defendant the same credit as was given by the court in Brevard County. A certified copy of the sentence from Brevard County does in fact show that the court there gave him credit for 233 days. Additionally, the trial judge also announced credit of 17 days for the time spent here awaiting sentence. The written sentence shows only the 17 days but lacks the 233 days.

Where the…

2Cases cited5 opinions

  1. Kelly v. StateDistrict Court of Appeal of Florida · 1982
  2. Davis v. StateDistrict Court of Appeal of Florida · 1996
  3. Howard v. StateDistrict Court of Appeal of Florida · 1991
  4. Martindale v. StateDistrict Court of Appeal of Florida · 1996
  5. Benson v. StateDistrict Court of Appeal of Florida · 1993

3Cited by3 opinions

  1. Leroy Spatcher v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. White v. StateDistrict Court of Appeal of Florida · 1997
  3. Greenwood v. StateDistrict Court of Appeal of Florida · 2000

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