Cooper v. State

COBB, Judge.

This appeal is from a summary denial of a Florida Rule of Criminal Procedure 3.850 motion for reduction of sentence. Cooper alleged that in 1966 he was given an indeterminate sentence of six months to fifteen years for the crime of breaking and entering with intent to commit grand larceny, that his sentence did not include credit for 170 days served prior to sentencing, and that he was held in jail the entire period solely because of indigency.

A defendant who was indigent and unable to post bond during the term of his incarceration prior to sentencing must be given credit for jail…