KYLE v. STATE

No. 5D04-1843.

878 So.2d 1275 (2004)

Lowell KYLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 6, 2004.


Attorney(s) appearing for the Case

Lowell Kyle, Polk City, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.


THOMPSON, J.

Lowell Kyle appeals the summary denial of his Rule 3.800(a) motion for jail credit. We reverse.

On 30 March 1999, Kyle was convicted in Orange County of a lewd act upon a child. On 27 April 1999, he was sentenced to 170.2 months incarceration, with credit for 52 days time served. Kyle has two theories to support his argument for additional jail credit. First, he argues that he should have been given credit for time he spent in custody in another...

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