Legal Opinion

Nieves v. State

District Court of Appeal of Florida

Decided May 17, 2002No. 5D01-832PublishedCited by 2 opinions

1Per curiam

Benjamin Nieves appeals the revocation of his probation and an order denying his request for additional jail time credit pursuant to Florida Rule of Criminal Procedure 3.800(b). We affirm the revocation and the credit awarded by the trial court, but certify conflict with Bryant v. State, 787 So.2d 68 (Fla. 2d DCA 2001) and Penny v. State, 778 So.2d 305 (Fla. 1st DCA 2000).

*823In 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…

2Cases cited4 opinions

  1. Price v. StateDistrict Court of Appeal of Florida · 1992
  2. Gethers v. StateDistrict Court of Appeal of Florida · 2001
  3. Bryant v. StateDistrict Court of Appeal of Florida · 2001
  4. Penny v. StateDistrict Court of Appeal of Florida · 2000

3Cited by2 opinions

  1. Grosvenor v. StateDistrict Court of Appeal of Florida · 2002
  2. Labarbara v. StateDistrict Court of Appeal of Florida · 2002

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