Legal Opinion

Chapple v. State

District Court of Appeal of Florida

Decided November 1, 1985No. 85-2272Published

1Opinion of the Court

SCHEB, Acting Chief Judge.

In a letter to the trial court, James Chap-pie asserted that he had been sentenced to 364 days in jail followed by probation, but had not been given credit for the five months he was incarcerated prior to sentencing. The trial court treated the letter as a motion to correct sentence and denied the motion without a hearing. We treat *104the trial court’s action as a denial of a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.

A defendant sentenced to a period of incarceration is entitled to credit for all time served prior to sentencing. §…

2Cases cited3 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 1982
  2. Bracey v. StateDistrict Court of Appeal of Florida · 1978
  3. Tomlinson v. StateDistrict Court of Appeal of Florida · 1985

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