No. BA-391 | Fla. Dist. Ct. App. | Jun 27, 1985
Susan Marie Johnson was sentenced to a mandatory three years in prison for the offense of attempted first degree murder with a firearm. Defense counsel requested the court to grant credit for time served prior to sentence. The trial court declined to grant credit, stating, “You cannot have credit for jailtime on a mandatory sentence.” The trial court erred and we reverse. James v. State, 443 So. 2d 510" date_filed="1984-01-18" court="Fla. Dist. Ct. App." case_name="James v. State">443 So.2d 510 (Fla. 1st DCA 1984); Polk v. State, 418 So. 2d 388" date_filed="1982-08-18" court="Fla. Dist. Ct. App." case_name="Polk v. State">418 So.2d 388 (Fla. 1st DCA 1982); Brown v. State, 353 So. 2d 214" date_filed="1977-12-28" court="Fla. Dist. Ct. App." case_name="Brown v. State">353 So.2d 214 (Fla. 2d DCA 1977); Bacon v. State, 346 So. 2d 629" date_filed="1977-06-01" court="Fla. Dist. Ct. App." case_name="Bacon v. State">346 So.2d 629, 631 (Fla. 2d DCA 1977); Lingo v. State, 344 So. 2d 629" date_filed="1977-04-13" court="Fla. Dist. Ct. App." case_name="Lingo v. State">344 So.2d 629 (Fla. 2d DCA 1977); Sutton v. State, 334 So. 2d 628" date_filed="1976-07-09" court="Fla. Dist. Ct. App." case_name="Sutton v. State">334 So.2d 628 (Fla. 4th DGA 1976).
The case is remanded to the trial court to determine the credit for pretrial confinement, if any, to which the defendant is entitled.