State v. Francis

GUNTHER, Judge.

Edward Thomas Francis was convicted of escape contrary to section 944.40, Florida Statutes (1979). The state appeals the three-year sentence and contends the trial court erred in giving the defendant credit for county jail time served prior to sentencing on his escape charge. We agree.

Although section 921.161(1), Florida Statutes (1979), provides that a defendant is entitled to credit for all the time he spent in the county jail before sentence, such credit should not apply against the escape sentence. Adams v. Wainwright, 275 So.2d 235 (Fla.1973); Barger v. State, 310 So.2d…