Richard Alfred Washington v. State of Florida
199 So. 3d 1110
| Fla. Dist. Ct. App. | 2016Background
- Richard Washington was convicted of false imprisonment (Count 1), felony battery (Count 2), and aggravated assault (Count 3).
- At sentencing the trial court designated Washington a prison releasee reoffender (PRR) on each count and imposed consecutive minimum-mandatory five-year PRR terms with 861 days of jail credit.
- The trial court later sua sponte recalled the case and rescinded the 861 days of jail credit as to Counts 2 and 3, explaining the initial award was erroneous.
- Washington appealed the convictions and later filed a Rule 3.800(b)(2) motion challenging the PRR designations and the rescission of jail credit; the motion was denied.
- The State conceded that false imprisonment and felony battery are not qualifying PRR offenses; the First DCA reviewed the legality of the sentences de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether false imprisonment and felony battery qualify for PRR sentencing | Washington argued those offenses are not PRR-qualifying and PRR designation was improper | State argued PRR designation was proper on the counts sentenced as PRR | Court held false imprisonment and felony battery are not PRR offenses and PRR sentencing on Counts 1 and 2 was erroneous |
| Whether the trial court may rescind previously awarded jail credit | Washington argued rescission of awarded jail credit violates Double Jeopardy/Fifth Amendment and is prohibited | State justified rescission as correction of an erroneous award | Court held rescission of previously awarded jail credit is impermissible; credit must be reinstated |
Key Cases Cited
- Clowers v. State, 31 So. 3d 962 (Fla. 1st DCA 2010) (sentence legality reviewed de novo)
- Lamb v. State, 32 So. 3d 117 (Fla. 2d DCA 2009) (false imprisonment is not a PRR-listed offense)
- Johns v. State, 971 So. 2d 271 (Fla. 1st DCA 2008) (PRR improper for felony battery reclassified from simple battery)
- Sheffield v. State, 177 So. 3d 699 (Fla. 1st DCA 2015) (possession offense not PRR because it lacks force/violence element)
- Session v. State, 37 So. 3d 873 (Fla. 1st DCA 2010) (rescission of awarded jail credit viewed as increased penalty)
- Davis v. State, 63 So. 3d 847 (Fla. 1st DCA 2011) (jail credit previously awarded may not be rescinded)
- Harris v. State, 74 So. 3d 1099 (Fla. 1st DCA 2011) (reversed to reinstate improperly rescinded jail credit)
- Palmer v. State, 22 So. 3d 795 (Fla. 1st DCA 2009) (jail credit cannot be rescinded after award even if erroneous)
- Stang v. State, 24 So. 3d 566 (Fla. 2d DCA 2009) (court may not rescind previously awarded jail credit due to double jeopardy)
- Wheeler v. State, 880 So. 2d 1260 (Fla. 1st DCA 2004) (trial court cannot sua sponte rescind jail credit once awarded)
- Gallinat v. State, 941 So. 2d 1237 (Fla. 5th DCA 2006) (recognized contrary view that correcting jail credit does not increase sentence)
AFFIRMED in part; REVERSED in part; REMANDED for resentencing consistent with opinion.