JOHN ANGUS WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the trial court's denial of post-conviction jail time credit because the order failed to attach adequate record portions refuting the appellant's claim that he was entitled to 754 days of credit rather than 520 days.
When a trial court summarily denies a post-conviction motion for jail time credit, it must attach portions of the record that conclusively refute the defendant's claims or remand for resentencing.
[1] A trial court's summary denial of a post-conviction jail time credit motion must be accompanied by record portions that conclusively refute the defendant's claims, or the…
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Join FLexlaw to unlock all legal intelligenceWright was incarcerated in Martin County jail from September 3, 1986 until sentencing on September 27, 1988. The trial court credited him with 520 day…
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PER CURIAM.
John Angus Wright appeals from an order denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 8.850. Appellant claims 754 days entitlement to jail time credit for time he served in the Martin County jail from September 3, 1986 until his sentencing on September 27,1988. The trial court credited him with only 520 days. Appellant contends that since he was incarcerated in the Martin County jail when the detainer was issued by Palm Beach County, and since the sentences in Palm Beach County were to run concurrent with the sentence in Martin County, he is entitled to credit for the entire time served.
The trial court summarily denied his motion and did not attach the portions of the record which conclusively refute appellant’s claim that he was confined in the Martin County jail when the September 3, 1986 detainer was issued by Palm Beach County. While appellant’s calculations may not be perfectly accurate, it nonetheless remains clear that the order denying jail time credit did not attach adequate portions of the record to refute his claims. We therefore reverse and remand this case to the trial court for attachment of the portions of the record refuting appellant’s claim for post conviction relief or in the alternative, for resentencing. See Daniels v. State, 491 So. 2d 543 (Fla.1986) and Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989).
REVERSED and REMANDED.
HERSEY, DELL and GUNTHER, JJ., concur.
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Citator
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Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)…at least for purposes of entitlement to jail credit on concurrent sentencing. Id. at 1350. The Pearson court made no distinction based on the fact that the two sentences were imposed by. different judges on different days. See also Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991) (holding that since the defendant was being held in Martin County jail on new charges when Palm Beach County issued a detainer and the Palm Beach County sentence was to run concurrent with the Martin County sentence, the defendan…
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Gethers v. State, 798 So. 2d 829 (Fla. 4th DCA 2001)…er there should be a distinction between the execution of an arrest warrant and the placement of a detainer in computing a section 921.161(1) jail time credit. . We do not consider the case en banc because there is no conflict with Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991). Wright did not decide the issue we consider in this case; it remanded the case to the trial court for further development of the record. Id. at 383. . We note that in Penny v. State, 778 So. 2d 305 (Fla. 1st DCA 2000), the firs…
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Bryant v. State, 787 So. 2d 68 (Fla. 2d DCA 2001)…under warrants for both counties”), with Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992) (holding that defendant entitled to jail time [*70] credit from the date of arrest on warrant, not from the date detainer issued). See also Wright v. State, 589 So. 2d 382 (Fla. 4th DCA 1991) (citing to Pearson for holding that defendant entitled to credit from time detainer issued); Tharpe v. State, 744 So. 2d 1256, 1257 (Fla. 3d DCA 1999) (noting different opinions between districts as to when a defendant is entitle…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 491 So. 2d 543 (Fla. 1986)
- Pearson v. State, 538 So. 2d 1349 (Fla. 1st DCA 1989)