Timothy Thompson v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-0625 _____________________________

TIMOTHY THOMPSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Okaloosa County. John T. Brown, Judge.

December 18, 2018

PER CURIAM.

The Appellant, Timothy Thompson, appeals from an order denying a motion seeking additional jail credit brought pursuant to Florida Rule of Criminal Procedure 3.801. Insofar as the Appellant requests presentencing jail credit in Okaloosa County case 2015-CF-1626, the record reflects that he is due one additional day of credit, for a total of 328 days. In response to this Court’s Toler ∗ order, the State conceded his entitlement to this credit. Therefore, we reverse and remand to permit the trial court to correct his credit in that case accordingly. As to the Appellant’s

∗ Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).

remaining claims concerning case 2015-CF-1626 and all claims seeking credit in Okaloosa County case 2015-CF-0673, we affirm.

AFFIRMED in part, REVERSED in part, and REMANDED. WOLF, MAKAR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Timothy Thompson, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.