final until disposition of timely filed motion for rehearing.
Appeal under Florida Rule of Appellate Procedure 9.141(b)(2)
from the Circuit Court for Miami-Dade County No. 07-28286,
Jose L. Fernandez, Judge.
Cadet, in proper person.
Jo Bondi, Attorney General, and Magaly Rodriguez, Assistant
Attorney General, for appellee.
SALTER, EMAS and FERNANDEZ, JJ.
Cadet appeals from an order denying his motion for additional
jail credit, pursuant to Florida Rule of Criminal Procedure
3.801. We reverse in part and affirm in part.
motion, filed in April 2017, raises two separate claims for
additional jail credit. To the extent Cadet's motion
sought an award of an additional twenty-one days of jail
credit, representing the time he served in the Dade County
jail from the date of his surrender (November 5, 2008), to
the time he was transported to state prison on November 26,
2008, Cadet's motion is untimely under rule
3.801(b). We therefore affirm the trial court's
order denying relief on this claim and do not reach the
as to Cadet's second claim, seeking an additional 402
days of jail credit for time served in the Broward County
Jail in 2013 and 2014, we reverse and remand. As to this
claim, Cadet's motion alleges in relevant part:
Following his release from the incarcerative portion of his
sentence in the instant case, Cadet began serving the
probationary portion of his sentence. On January 22, 2013,
while on probation, Cadet was arrested in Broward County for
three new law violations. The next day, based upon this
arrest in Broward County, a Miami-Dade County violation of
probation warrant was issued for Cadet's arrest.
alleges that he was held in the Broward County Jail, without
bond, on the violation of probation charges until February
27, 2014, at which time he was transferred to the Miami-Dade
County Jail for proceedings on his violation of
Cadet alleges, he was found to have violated his probation
and, on March 11, 2015, the trial court revoked his probation
and sentenced Cadet to eighteen years in prison with all
credit for time served. Cadet alleges he was not given credit
for any of the days he was held in the Broward County Jail.
asserts in his motion that he was entitled to credit for the
time he was held in the Broward County Jail after issuance of
the arrest warrant. However, Cadet has failed to allege
whether or when the probation violation arrest warrant was
transmitted to Broward County or executed on
Cadet. The fact that Cadet was detained in
Broward County (while awaiting disposition of his pending
Broward County charges), and that an untransmitted and
unexecuted arrest warrant for his violation of probation was
issued, is insufficient to entitle Cadet to relief. Merely
notifying the Broward authorities that a warrant had been
issued, without transmission or execution of the warrant,
acts as a "detainer" or "hold, " which is
an informal request for the Broward County Jail to either
hold Cadet for pick up by Miami-Dade County authorities or to
notify Miami-Dade County authorities when Cadet's release
was imminent. It does not legally obligate the Broward County
Jail to keep Cadet in its custody after his Broward County
charges have been disposed of or he is otherwise released
from custody on the Broward County charges. In addressing
this issue, the Florida Supreme Court in Gethers v.
State, 838 So.2d 504, 508 (Fla. 2003) recognized that
"the filing of a detainer or a hold does not have the
same effect as executing or transmitting an arrest
warrant." The Gethers Court held that
absent the execution of an arrest warrant, a defendant who is
in jail in a specific county pursuant to an arrest on one or
more charges need not be given credit for time served in that
county on charges in another county when the second ...