HERNANDEZ v. STATE (2025)

District Court of Appeal of Florida, Third District.

Osmar HERNANDEZ, Appellant, v. STATE of Florida, Appellee.

No. 3D25-0954

Decided: July 30, 2025

Before LOGUE, LINDSEY and BOKOR, JJ.

Osmar Hernandez, in proper person. James Uthmeier, Attorney General, and Lourdes Bibiana Fernandez, Assistant Attorney General, for appellee.

Hernandez appeals the denial of relief under section 951.16, Florida Statutes. Section 951.16 establishes that “[e]very person who may be imprisoned in the county jail for failure to pay a fine and costs” imposed as a part of a criminal sentence “shall be entitled to receive ․ a credit on such fine and costs ․ in proportion to the time such person may be imprisoned.” Hernandez's initial brief states that he was neither “imprisoned in the county jail” (he states he's in a State facility managed by the Florida Department of Corrections) nor imprisoned “for failure to pay a fine and costs” (he states he is “serving a sentence of 49 Months ․ for Domestic Violence; Violation of injunction; written threats”). Because the initial brief establishes the lack of entitlement to relief under the relevant statute, we affirm.

Affirmed.

PER CURIAM.

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