Picariello v. State

Joseph Picariello was sentenced for violation of probation pursuant to a plea on April 16, 1998. He appeals an order denying his motion for additional credit for time served prior to trial. See Fla. R.Crim. P. 3.800. We treat this as a motion for relief under Rule 3.850, and reverse the order under review.

Picariello argues the trial court erred in not crediting him for time served in other jurisdictions while awaiting transfer to Florida. In Kessell v. State, 713 So.2d 1122, 1123 (Fla. 3d DCA 1998) we concluded as follows:

The State opposes the award of any additional credit, arguing that a…