JOHN HAYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Hayes appealed the denial of his motion for jail time credit pending sentencing. The court reversed and remanded because the trial court failed to clearly indicate whether the factual allegations could be resolved from the record or required evidence outside the record.
The trial court's denial order was improper because it failed to clarify whether the factual allegations could be resolved from existing court records or required evidence outside the record. On remand, the trial court must either attach portions of its records refuting the allegations or permit Hayes to file a sworn motion under rule 3.850 presenting facts outside the record.
[1] A trial court must attach portions of its records or files that refute a defendant's allegations when denying a motion for jail time credit, or permit the defendant to fi…
[2] If a defendant's claim for jail time credit cannot be substantiated or refuted by records within the trial court's files, the trial court should permit the defendant to f…
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Join FLexlaw to unlock all legal intelligence“We are unable to discern from the order of denial whether the allegations could be substantiated or refuted by the records before this trial court or only from factual matters outside this trial court's records.”
Establishes the core deficiency in the trial court's order—it provided no clarity on whether the factual dispute could be resolved from available records.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHayes spent 315 days in Manatee County jail awaiting sentencing in a Hillsborough County case. At sentencing, the court allegedly permitted credit for…
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PER CURIAM.
John Hayes appeals the denial of his motion to allow credit for jail time. He cited Florida Rule of Criminal Procedure 3.800(a) and section 921.161(1), Florida Statutes (1991), as authority for the motion. We reverse.
Appellant alleges that at the time the court imposed sentence, it permitted credit for the 315 days he spent in Manatee County jail awaiting sentencing in this Hillsbor-ough County case. He now claims in his unsworn motion that he did not receive credit for that time. The trial court denied the motion without attachments.
We are unable to discern from the order of denial whether the allegations could be substantiated or refuted by the records before this trial court or only from factual matters outside this trial court’s records. It may be that the written sentence, sentencing transcript or other document in the trial court’s files indicates that the appellant was not entitled to the 315 days’ credit and that the court did not award the credit at sentencing. It is also possible that only the files of Manatee County evidence whether the appellant was entitled to pre-sentence jail time or that appellant’s entitlement could be determined by only factual matters not contained in any file or record. If the files before this trial court do not contain any document that either refutes or substantiates the allegations of the motion, then the trial court should deny the motion but permit the appellant to file a sworn motion pursuant to rule 3.850 setting forth any facts outside the record which support his claim. See Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993).
Accordingly, we reverse the order of denial and remand for further proceedings. Should the trial court again deny the motion it must either attach portions of its records or files that refute appellant’s allegations or permit the appellant to file a sworn motion pursuant to rule 3.850. If the appellant is aggrieved by the subsequent action of the trial court, he must file a notice of appeal within thirty days to obtain further appellate review.
Reversed and remanded.
RYDER, A.C.J., and PARKER and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)…1992); Baranko v. State, 516 So. 2d 332, 333 n. 1 (Fla. 1st DCA 1987); Inclima v. State, 625 So. 2d 978 (Fla. 5th DCA 1993); Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993); Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993); Hayes v. State, 610 So. 2d 737 (Fla. 2d DCA 1993); Sampson v. State, 598 So. 2d 211 (Fla. 2d DCA 1992); Terry v. State, 567 So. 2d 1050 (Fla. 5th DCA 1990). In Inclima, the court observed that “[t]his requirement is now specifically contained in Florida Rule of Appellate Procedur…
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Linton v. State, 702 So. 2d 236 (Fla. 2d DCA 1997)…nhancement of appellant’s sentence. Reversed and remanded, with instructions. BLUE, A.C.J., and QUINCE and NORTHCUTT, JJ„ concur. . See Ward v. State, 97-03003 (Fla. 2d DCA 1997). . See Daniels v. State, 491 So. 2d 543 (Fla.1986); Bell v. State, 610 So. 2d 737 (Fla. 2d DCA 1993).…
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Littlejohn v. State, 616 So. 2d 129 (Fla. 2d DCA 1993)…er refutes or substantiates the allegations, then the trial court should deny the motion without prejudice and permit the appellant to file a sworn motion pursuant to rule 3.850. See Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA1993); Hayes v. State, 610 So. 2d 737 (Fla. 2d DCA1993). The appellant must file a timely notice of appeal to obtain further appellate review of any subsequent action of the trial court. Reversed and remanded. CAMPBELL, A.C.J., and ALTENBERND and BLUE, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 611 So. 2d 600 (Fla. 2d DCA 1993)