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2nd DCANovember 29, 2023Affirmed in part, reversed in part, and remanded⭐ Notable

DeLeon-Perez v. State

Case No. 2D2022-0746

The Second DCA affirmed DeLeon-Perez's convictions but reversed his sentence, holding he was entitled to one additional day of jail credit because he remained in county jail custody the entire day of his sentencing before being transported to prison that evening. The court held the postconviction court erred by relying on a Florida Administrative Code provision governing DOC/parole time calculations and by misapplying Valdespino, which involved postsentencing jail time unrelated to the day-of-sentencing transport scenario presented here.

Key facts

  • DeLeon-Perez was convicted and sentenced, remaining in county jail custody the entire day of sentencing before being transported to the Department of Corrections facility that evening.
  • The postconviction court denied DeLeon-Perez's motion for jail credit for the day of sentencing, relying on a Florida Administrative Code provision and the case of Valdespino.
  • +1 more key fact with a free trial

Why it matters

This opinion clarifies that a defendant who remains in county jail custody through the day of sentencing—even where DOC transport occurs later that same day—is entitled to jail credit for that day under section… — full analysis with a trial

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