WILLIE C. BRADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the denial of post-conviction relief on all issues except jail time credit, which it reversed and remanded for the trial court to either demonstrate proper credit was given or hold an evidentiary hearing.
A trial court must either attach record portions showing proper jail time credit under section 921.161 or hold an evidentiary hearing when a post-conviction motion raises the issue.
[1] When a post-conviction motion raises the issue of jail time credit under section 921.161, the trial court must either attach portions of the record conclusively showing p…
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Join FLexlaw to unlock all legal intelligenceBradley appealed the trial court's denial of his post-conviction relief motion filed under Florida Rule of Criminal Procedure 3.850, raising various i…
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WIGGINTON, Judge.
Appellant appeals the trial court’s denial of his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Having considered the points raised in appellant’s pro se brief and in his amended brief, which he sought leave to file, and having reviewed the record, we affirm on all points raised by appellant except as to his assertion that he was not given proper jail time credit against his sentence pursuant to section 921.161, Florida Statutes.
The allegations of appellant’s motion and the record before us in this case do not conclusively show that appellant was entitled to no relief on this issue. The trial judge did not hold a hearing on this question nor did he attach to his order portions of the record which would conclusively show that appellant is entitled to no relief. Thus, we reverse on the jail time credit issue and remand to the trial judge for either (1) entry of another order that on its face and by attached portions of the record shows that appellant received proper jail time credit or (2) the holding of an evidentiary hearing to determine whether appellant has received proper credit pursuant to section 921.161, Florida Statutes.
AFFIRMED in part and REVERSED and REMANDED in part for further proceedings consistent with this opinion.
SHIVERS and WENTWORTH, JJ., concur.